The Minneapolis journal., 1906-06-29
SAFE CROSSINGS
REST WITH ROADS
STATE SUPREME COURT DECIDES
IMPORTANT CASE.
City Of Minneapolis Is Victor In Con-
troversy over Construction and Main
tenance of Highway over Great
Northern Railway Tracks Judgment
@for Road Reversed.
Additional supreme court syllabi on

Is
Additional supreme court syllabi on
Page l6.
Railway companies can be compelled
by the state to construct and maintain
safe crossings at streets and highways,
oven when they are constructed after
the railroad has been built.
This ruling on a much discussed and
important point was made by the su-
preme court today in a decision in tho
case Of the city of Minneapolis against
the Great Northern Railway company,
in which the city sought to compel the
railway company to repair the bridge
over it's tracks at tTwenty-ninth avenue
NE. The lower court found for the
railway company, but the supreme
court reversed the Judgment and orders
a new trial.
Hard Fought Case.
The case has been a hard-fought and
a historic one. It has been Of special
Importance in that not only the repair
of the Twenty ninth avenue bridge, but
the building and maintenance Of other
crossings was involved. The railway
company refused to build this bridge
and based its refusal upon an agree
power to compel the company to keep
bridges in repair. and upon the general
contention that it could not be COM
PEELED to build or maintain bridges or
crossings where the streets were laid
out after the company's tracks had
been built. The company, in other
words, claimed permanent right of
way. ~ y
The supreme court holds with the
q eota s9 lays eeMR etp the ss
which the police power is attempted to
be forever abdicated is ultra wires and
void,' and that the city can compel
the company to construct and maintain
suitable crossings, no matter when the
street was laid out.
A decision was also handed down
today in a Duluth case against the
Northern Pacific Railway company, in
which the same points were raised. The
decision was exactly similar to that in
the Minneapolis case. E~+s
Syllabus in the Case.
The syllabus in the Minneapolis case
follows: ..... - =
Syllabus: First-The state may, in the exer-
else of its police power, impose upon railroad
companies whose lines intersect public high
ways laid out after the construction Of the
ra1lroad. the uncomDensated duty Of construct
ing and maintaining at such crossings all such
SAFETY devices as are reasonably necessary for
the protection of the travelling public.
Second-Such requirement, being referable
| to the police power, Is not q taking Of private
property for public use in violation OF the con-
stitution. ..- '....
| >Third-A bridge over the railroad tracks when
necessary to make, the crossing safe for public
use, is 3 safety device" within the meaning
of that expression. -
| Fourth-sta tutes granting franchises to cor.
porations, Involving rights of the public arS to
be construed literally in favor Of the public
! and strictly against the corporation.
Fifth-The charter Of the Minnesota, & Pa
cifc Railway company, of which defendants
are successors in interest and subject to all its
liabilities, contained the following provision:
.Tne SAID company snalI nave rhe right and
authority to construct their said railroad and
branches upon and along; across, under or over
any public or private highway, road, street
plank road railroad If the same shall be
necessary; but the said company shall put suct
highway, road, street, plank road or railroad
in such condition and state OF repair 'as not t
impair interfere with its free and prope
use." '' -,
Held. that this provision applies to street.
and highways laid out over the railroad afte,
its construction :I.-..r@.-. F. ..-.
sixth-A railroad company receives Its chdrte,
and franchise subject to the implied right o.
the state to establish and open such streets ant
highways over and across it's right-of-way a,
public convenience and necessity may from
time to time require That right on the part o.
the state attaches by implication OF law to thi
upon it an obligation to construct and maintain
at its own expense, suitable crossings at ney
streets and highways to the same extent as re
qutred by the rules of the common law a
streets and highways in existence when the rail
road was constructed. . M. ~
Seventh--A contract by city by which th
police power Is attempted to be forever abdi
Gated is ultra wires and void.
Eighth-Neither the state nor a municipa
subdivision thereof. to which that power 1
delegated, can by affirmative action or by inac
Sn ne yest itself Of the authort
Judgment reversed and new trial granted.
| - -. s Brown, ].
The Duluth Case.