Legal Opinion
Seaboard Air Line Railroad Company v. City of West Palm Beach, Florida
Court of Appeals for the Fifth Circuit
Decided February 17, 1967No. 23542_1PublishedCited by 3 opinions
1Per curiam
The Railroad, in a suit based both on diversity and federal question jurisdiction, 28 U.S.C.A. § 1331(a), sought to enjoin the enforcement of an ordinance 1 requiring it to install safety gates at the railroad crossings on Belvedere Road and Forest Hill Boulevard in the City of West Palm Beach as a deprivation of property without due process of law and an unreasonable burden on interstate commerce.
This appeal fails to present a single new question of law. Its determination rests on an often articulated and long unchanged standard — whether the City’s exercise of police power was arbitrary or…
2Cases cited5 opinions
- Nashville, Chattanooga & St. Louis Railway v. WaltersSupreme Court of the United States · 1935
- Aktieselskabet Cuzco v. the SucarsecoSupreme Court of the United States · 1935
- City of Shreveport v. Shreveport Ry. Co.Court of Appeals for the Fifth Circuit · 1930
- George Maurice Hamilton and Barbara Jane Lawson v. Maryland Casualty CompanyCourt of Appeals for the Fifth Circuit · 1966
- Dr. Ricardo Mestre v. City of AtlantaCourt of Appeals for the Fifth Circuit · 1958
3Cited by3 opinions
- City of Gainesville, Georgia v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1970
- Southern Railway Company v. City of MorristownCourt of Appeals for the Sixth Circuit · 1971
- Union Pacific Railroad Company v. DannerDistrict Court, W.D. Washington · 2023