Southern Railway Co. v. Virginia,
Annotate this Case
290 U.S. 190 (1933)
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U.S. Supreme Court
Southern Railway Co. v. Virginia, 290 U.S. 190 (1933)
Southern Railway Co. v. Virginia
Argued October 17, 18, 1933
Decided December 4, 1933
290 U.S. 190
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.
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.