Missouri Ex Rel. Wabash Railway Co. v. Public Service Commission

Background

The mayor of St. Louis asked the Missouri Public Service Commission to remove a dangerous railroad grade crossing at Delmar Boulevard. The Commission ordered a railroad company to lower its tracks and build a street viaduct with an 18-foot clearance. A state trial court set that order aside, but the Missouri Supreme Court reinstated it. The dispute grew out of two competing programs: the city’s plan to depress tracks and raise streets by viaducts, and the railroad’s plan to raise tracks on embankments. A second railroad uses the same tracks under an existing contract, which could be affected if the tracks are moved.

Reasoning

The central question was whether the Commission’s order unlawfully took property, broke contracts, or violated a federal law that limits abandoning or relocating tracks. Although the Court found those federal questions substantial enough to consider, it did not decide them. Instead, the Court relied on a new Missouri law enacted after the state-court decision that requires railroad clearances of at least 22 feet unless a state commission finds a taller clearance impracticable. Because the Commission had ordered only 18 feet and made no such finding, the Court concluded the effect of that state law was a state-law question for Missouri courts to resolve first. The Supreme Court therefore reversed the judgment and sent the case back for further state-court proceedings.

Real world impact

The ruling pauses enforcement of the 18-foot plan and requires Missouri courts to clarify whether the new 22-foot rule applies. The railroad, the city’s engineering plans, and nearby residents must wait for the state court’s decision before construction or relocation moves forward.