United States Supreme Court Cases & Opinions

U.S. Supreme Court

Denver, & Rio Grande R. Co. v. Denver, 250 U.S. 241 (1919)

Denver, & Rio Grande Railroad Company v.

City and County of Denver

Nos. 322, 323

Submitted April 23, 1919

Decided June 2, 1919

250 U.S. 241

Syllabus

Contract and property rights of a railroad company in respect of the operation of a track in a public street are held subject to the fair exercise by a state, or by a municipality as its agent, of the power to make and enforce regulations reasonably necessary to secure public safety. P. 250 U. S. 244.

A track constructed under ordinance grant by a railroad as part of its main line, but later used only to serve abutting private industries, traversed a city side street and crossed a thoroughfare used daily by thousands of people in approaching and leaving the Union Depot, which was very near the intersection. Held that in ordinance of the city requiring removal of the track where it crossed the thoroughfare, for the safety of the public, did not violate the rights of the railroad under the contract and due process clauses, it appearing that use of the track could still be maintained through connections with the yards of its owner and of another company, and that resulting expense and loss of revenue would be relatively small. P. 250 U. S. 245.

An ordinance which makes no discrimination against interstate commerce, and affects it only incidentally and indirectly, is not objectionable under the commerce clause. P. 250 U. S. 246.

167 P. 969 affirmed.

The case is stated in the opinion.

Page 250 U. S. 242