Chicago, St. Paul, Minneapolis & Omaha Ry. Co. v. Holmberg - 282 U.S. 162 (1930)
U.S. Supreme Court
Chicago, St. Paul, Minneapolis & Omaha Ry. Co. v. Holmberg, 282 U.S. 162 (1930)
Chicago, St. Paul, Minneapolis & Omaha Ry. Co. v. Holmberg
Argued October 10, 1928
Reargued October 23, 1930
Decided December 1, 1930
282 U.S. 162
A state law so applied as to require a railroad company to provide an underground cattle-pass across its right of way partly at the
expense of the company, not a a safety measure but merely to save a farmer, owning the land on both sides of the railroad, from inconvenience attendant upon the use of an existing grade crossing otherwise adequate, takes the company's property for a private use, and without due process of law. P. 282 U. S. 166.
115 Neb. 727 reversed.
Error to a judgment of the Supreme Court of Nebraska which affirmed, on appeal, an order of the State Railway Commission requiring the Railway Company to establish an underground cattle-pass.