Cincinnati, Indianapolis & Western Railway Co. v. City of Connersville
Supreme Court of the United States
ERROR TO-THE SUPREME COURT OF THE STATE OF INDIANA. The facts, which involve the constitutionality under the Fourteenth Amendment of proceedings of a street opening through a railway embankment, are stated in the opinion. A right was claimed under the United States Constitution and the highest court of Indiana in its opinion expressly denied that right, hence this'court has jurisdiction.
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ERROR TO-THE SUPREME COURT OF THE STATE OF INDIANA. The facts, which involve the constitutionality under the Fourteenth Amendment of proceedings of a street opening through a railway embankment, are stated in the opinion. A right was claimed under the United States Constitution and the highest court of Indiana in its opinion expressly denied that right, hence this'court has jurisdiction. Hair.e v. Rice, 204 U. S. 291; San Jose Land Co. v. San Jose Ranch Co., 189 U. S. 177; Green Bay &c. v. Patten, 172 U. S; 58. The Fourteenth Amendment requires that when property is taken by power of eminent…
1Opinion of the CourtJustice Harlan
The Common Council of Connersville, Indiana, adopted a resolution declaring that a railway embankment, maintained by the Cincinnati, Indianapolis and Western Railway Company, the plaintiff in error, across Grand Avenue,, in that city, obstructed passage between the north and south ends of thé avenue; also, that such avenue should, as a matter of public necessity, be opened as a public street through said railroad embankment.
The question of the expediency, advisability and public utility of opening up the avenue through the embankment was thereupon referred to the City Commissioners, and to…
2Cases cited6 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
- New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
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3Cited by50 opinions
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of the United States · 1914
- Nashville, Chattanooga & St. Louis Railway v. WaltersSupreme Court of the United States · 1935
- Panhandle Eastern Pipe Line Co. v. State Highway CommissionSupreme Court of the United States · 1935
- Fountain Park Co. v. HenslerIndiana Supreme Court · 1927
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MinneapolisSupreme Court of the United States · 1914
45 more not listed; retrieve them via the Exa API.