City of Gainesville, Georgia, Plaintiff-Appellee-Cross v. Southern Railway Company, Defendant-Appellant-Cross

This is the second appellate appearance of this case. Our prior opinion is reported at 423 F.2d 588 (1970). We remanded the case to the District Court for findings on one issue. Our language was explicit:

“We do not hold that a municipality or a state does not have full power to require a railroad company to bear all the cost for a grade crossing safety device, nor that the Gainesville ordinance is unconstitutional per se because it is an unreasonable and arbitrary exercise by the City of Gaines-ville of its police power, nor that benefit should be the sole measure of the allocation of cost.…