Chicago b q rr v nebraska 170 us 57 1898 railroads

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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
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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).
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