Wabash Railroad v. Defiance

Citations

• 167 U.S. 88
• 17 S. Ct. 748
• 42 L. Ed. 87
• 1897 U.S. LEXIS 2085

Syllabus

<p>In 1887, the municipal authorities of Defiance authorized the erection of bridges over the Wabash Eailroad, and about eighteen feet above its track, by the railroad company, to take the place of two existing bridges. In 1893, the common council of Defiance changed the grade of the streets crossing on said bridges to the level of the railroad, and changed the approaches to' it by causing them to descend to the level of the railroad. Held, that the common council acted within its powers in changing the grade of the streets-in question, and that the railroad company had no legal right to complain of its action.</p> <p>The legislative power of a city may control and improve its streets, and a power to that effect, when duly exercised by ordinances, will override any license previously given, by which the control of a certain street has been surrendered.</p> <p>In this case, it was purely within the discretion of the common council to determine whether the public exigencies required that the grade of • the.street be so changed as to cross the railroad at a level</p>