Missouri Pac. Ry. Co. v. City of Omaha

Citations

• 197 F. 516
• 117 C.C.A. 12
• 1912 U.S. App. LEXIS 1305

Syllabus

<p>1. Constitutional Law (§ 297*) — Requiring Construction of Viaduct by Railroad Company — Constitutionality op Ordinance,</p> <p>A city ordinance, passed under authority conferred by statute, requiring a steam railroad company to build a viaduct on a street over its tracks, and prescribing the material, strength, anil dimensions thereof, cannot be held unconstitutional as depriving the company of its property without due process of law, because the structure specified is to be of sufficient width and strength to carry the traffic of a street railroad without requiring a street railroad company having a franchise to operate its road on the street to contribute to the cost.</p> <p>[Ed. Note. — For other cases, see Constitutional Law, Cent. Dig. § 847; Dec. Dig. § 297.*]</p> <p>2. 'Railroads (§ 99*) — Exercise op Police Powers — Review by Courts.</p> <p>Where authority is conferred on a city by statute to exercise the police power of the state by requiring the construction of viaducts over railroad crossings of streets for the safety and convenience of the public and prescribing the materials and dimensions of such structures, a case must be a clear one of abuse of discretion to justify the courts in interfering with the. exercise of such power, and such abuse is not shown by the fact that an ordinance ordering such a viaduct built by a railroad company required the extension of one of the approaches further than would otherwise be necessary in order to clear el proposed boulevard not yet constructed by the city.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. §§ 293-295, 297-304; Dec. Dig. § 99.*]</p> <p>3. Railroads (§ 99*) — Ordinance Requiring Construction op Railroad Viaduct — Validity.</p> <p>It is not essential to the validity of an ordinance requiring' a railroad company to construct a viaduct on a street over its tracks that the grade crossing beneáth should be entirely vacated and abandoned, but in the discretion of the city council it may be