United States Supreme Court Cases & Opinions

U.S. Supreme Court

Southern Railway Co. v. Virginia, 290 U.S. 190 (1933)

Southern Railway Co. v. Virginia

No. 26

Argued October 17, 18, 1933

Decided December 4, 1933

290 U.S. 190

Syllabus

1. A state statute (c. 62, Acts of Va. 1930) which attempts to authorize an administrative officer to require railway companies to eliminate existing grade crossings and substitute overhead crossings whenever in his opinion this is necessary for the public safety and convenience, and which provides no notice to or hearing of a company on the existence of such necessity and no means of reviewing the officer's decision of it, violates the due process of law clause of the Fourteenth Amendment. P. 290 U. S. 194.

2. The police power, like other state powers, is subject to the inhibitions of the Fourteenth Amendment. P. 290 U. S. 196.

159 Va. 779, 167 S.E. 578, reversed.

Page 290 U. S. 191

Appeal from a judgment of the Supreme Court of Appeals of Virginia which affirmed, on appeal, an order of the Corporation Commission of the state requiring the railway company to construct a highway bridge over its tracks, within the limits of its right of way, to take the place of a crossing at grade.

Page 290 U. S. 192