City of Gainesville, Georgia v. Southern Railway Company

TUTTLE, Circuit Judge:

This case involves basically a determination whether an ordinance of the City of Gainesville, Georgia, requiring Southern Railway Company to install and maintain entirely at its own expense automatic signalling devices where Southern’s main line tracks intersect with Bradford Street, is so arbitrary and unreasonable as to be in violation of the due process and equal protection clauses of the Fourteenth Amendment to the Constitution.

The City of Gainesville originally brought suit in the United States District Court for the Northern District of Georgia to compel Southern…