...agency or the grant to it of the power of eminent domain, but exists wherever capital or property " is used in a manner to make it of public consequence and affect the community at large." (Munn vs. Illinois, supra.} The legal status of the express companies is undoubtedly that of common...

...private property is affected by the public interest it ceases to be juris privati only. Property does not become clothed with a public interest when used in a manner to be of public consequence and affecting the community at large. When one devotes his property to a use...

...nature. The Supreme Court of the United States, speaking through its late Chief Justice, says : " When one devotes his property to a use in which the public...and must submit to be controlled by the public for the common good.^to the extent of the interest he has thus created. He may withdraw his grant by discontinuing...

...Illinois, already referred to, Chief Justice Waite stated the general legal doctrine as follows : When one devotes his property to a use in which the public...effect grants to the public an interest in that use and he must submit to be controlled by the public for the common good, to the extent of the interest he...

...ceases to be juris privati only, and is subject to public regulation. The court there said: " Property does become clothed with a public interest when used in a manner to make it of public conse- . quence, and affect the community at large. When, therefore, one devotes his property to a...

...further to the doctrine that the public may also determine for itself, and finally, when property is " used in a manner to make it of public consequence and affect the community at large," or in other words, when it, the public, " has an interest " therein ; and then it may be said, in general...

...been accepted without objection as an essential element in the law of property ever since. Property does become clothed with a public interest when used...of public consequence and affect the community at large.4 " It has been customary in England from time immemorial, and in this country from its first...

...Chief Justice Waite, speaking for the court in the case of Munn v. Illinois (94 US, 113) : Property does become clothed with a public interest when used...use, and must submit to be controlled by the public to the extent of the interest he has thus created. So long as the principle thus announced maintains...

...attempted to give one party an advantage over another.i The courts have decided, that property becomes clothed with a public interest when used in a manner to make it of public consequence and to affect the community at large. When, therefore, one devotes his property to a use in which the public...

...subjects upon which it may operate are determined by the judicial department. It is the province of courts with a public interest when used in a manner to make it of public consequence and to affect the community at large. When, therefore, one devotes his property to a use in which the public...