GPO-CONAN-2017-10-15.pdf

Chicago b q rr v nebraska 170 us 57 1898 railroads

Info icon This preview shows pages 48–50. Sign up to view the full content.

way for vehicles.); Chicago, B. & Q. R.R. v. Nebraska, 170 U.S. 57 (1898) (railroads may be required to repair viaduct under which they operate); Chicago, B. & Q. Ry. v. Drainage Comm’n, 200 U.S. 561 (1906) (reconstruct a bridge or provide means for passing water for drainage through their embankment); Chicago & Alton R.R. v. Tranbarger, 238 U.S. 67 (1915) (drainage requirements); Lake Shore & Mich. So. Ry. v. Clough, 242 U.S. 375 (1917) (drainage requirements); Pacific Gas Co. v. Police Court, 251 U.S. 22 (1919) (requirement to sprinkle street occupied by railroad.). But see Chicago, St. P., Mo. & O. Ry. v. Holmberg, 282 U.S. 162 (1930) (due process vio- lated by a requirement that an underground cattle-pass is be constructed, not as a safety measure but as a convenience to farmers). 200 Consumers’ Co. v. Hatch, 224 U.S. 148 (1912). However, if pipe and tele- phone lines are located on a right of way owned by a pipeline company, the latter cannot, without a denial of due process, be required to relocate such equipment at its own expense. Panhandle Eastern Pipeline Co. v. Highway Comm’n, 294 U.S. 613 (1935). 201 New Orleans Gas Co. v. Drainage Comm’n, 197 U.S. 453 (1905). 202 Nashville, C. & St. L. Ry. v. Walters, 294 U.S. 405 (1935). See also Lehigh Valley R.R. v. Commissioners, 278 U.S. 24, 35 (1928) (upholding imposition of grade 1880 AMENDMENT 14—RIGHTS GUARANTEED
Image of page 48

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

allocated solely on the basis of benefits that would accrue to rail- road property. 203 Although the Court cautioned that “allocation of costs must be fair and reasonable,” it was deferential to local gov- ernmental decisions, stating that, in the exercise of the police power to meet transportation, safety, and convenience needs of a growing community, “the cost of such improvements may be allocated all to the railroads.” 204 Compellable Services. —A state may require that common car- riers such as railroads provide services in a manner suitable for the convenience of the communities they serve. 205 Similarly, a pri- mary duty of a public utility is to serve all those who desire the service it renders, and so it follows that a company cannot pick and choose to serve only those portions of its territory that it finds most profitable. Therefore, compelling a gas company to continue serv- ing specified cities as long as it continues to do business in other parts of the state does not constitute an unconstitutional depriva- tion. 206 Likewise, requiring a railway to continue the service of a branch or part of a line is acceptable, even if that portion of the operation is an economic drain. 207 A company, however, cannot be compelled to operate its franchise at a loss, but must be at liberty to surrender it and discontinue operations. 208 crossing costs on a railroad although “near the line of reasonableness,” and reiterat- ing that “unreasonably extravagant” requirements would be struck down). 203 Atchison, T. & S.F. Ry. v. Public Util. Comm’n, 346 U.S. 346 (1953).
Image of page 49
Image of page 50
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern