Cincinnati, Indianapolis & Western Railway Co. v. City of Connersville

Citations

• 218 U.S. 336
• 31 S. Ct. 93
• 54 L. Ed. 1060
• 1910 U.S. LEXIS 2029

Syllabus

<p>A. railway corporation accepts its franchise from the State subject to the condition that it will conform ■at ^s own expense to any regulations as -to the opening or use of streets which are. reasonable and proper and have for their object public safety and convenience and which may, from time to time, be established by'the municipality, within whose limits the company operates, proceeding under legislative authority. ■</p> <p>The power, whether called police, governmental or legislative, exists in each State, by appropriate legislation not forbidden by its oto, or the Federal, constitution' to regulate the relative rights and duties of all persons and corporations within its jurisdiction, and, therefore, to provide for the public good and convenience. Lake Shore & Michigan Southern Ry. Co. v. Ohio, 173 U. S. 285, 298.</p> <p>A railway company is not deprived of its property without due process of law either under the Fifth or the Fourteenth ■ Amendment because in a street opening proceeding it is not awarded, in addition to the value of the land taken, the cost of the new structure which must necessarily be erected to carry its right of way over the street, as required for the safety and convenience of the public.</p>