United States Supreme Court Cases & Opinions

U.S. Supreme Court

Fort Smith Light & Traction Co. v. Bourland, 267 U.S. 330 (1925)

Fort Smith Light & Traction Company v. Bourland

No. 220

Argued January 22, 1925

Decided March 2, 1925

267 U.S. 330

Syllabus

An order in effect requiring a street railway company to continue operating a part of one of its lines, though it was unremunerative and must be practically rebuilt at great expense to conform to a change of street grade, and though the railway as a whole, under existing rates, was not earning a fair return, held not arbitrary and not violative of the due process clause of the Fourteenth Amendment. P. 267 U. S. 332.

160 Ark. 1 affirmed.

Error to a judgment of the Supreme Court of Arkansas which affirmed a judgment dismissing a bill brought by the traction company to set aside an order made by the

Page 267 U. S. 331

city commissioners denying it leave to abandon a part of one of its lines. The opinion is here printed as amended by an order of April 27, 1925, which also denied a petition for rehearing.