Chicago, St. Paul, Minneapolis & Omaha Ry. Co. v. Holmberg
282 U.S. 162 (1930)

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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

No. 1

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

Page 282 U. S. 163

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.

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