Missouri Pac. Ry. Co. v. City of Omaha
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. Suit in equity by the Missouri Pacific Railway Company against the City of Omaha. Decree for defendant, and complainant appeals.
1DissentSanborn, Circuit Judge
It is undoubtedly true that the city of Omaha has derived from the police power of the state the power to compel the Missouri Pacific Railway Company to construct such viaducts over its tracks at street crossings as are necessary to protect the health and safety of those who use the ordinary methods of traffic by carts, teams, and carriages upon its streets. But this power is not without limit. It is not so great as to enable the city practically to confiscate the property of a railroad company when neither the safety, health, nor morals of the public demand such action. It is limited by the…
2Cases cited6 opinions
- Detroit, Fort Wayne & Belle Isle Railway v. OsbornSupreme Court of the United States · 1903
- West Jersey & Seashore Railroad v. Atlantic City & Suburban Traction Co.New Jersey Court of Chancery · 1904
- People ex rel. Western New York & P. Railroad v. AdamsNew York Supreme Court · 1895
- Carolina Central Railroad v. Wilmington Street Railway Co.Supreme Court of North Carolina · 1897
- Briden v. N. Y., N. H. & H. R. R.Supreme Court of Rhode Island · 1906
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