Detroit, Fort Wayne & Belle Isle Railway v. Osborn

Background

An electric street railway company challenged a city order that required safety devices at a busy crossing on Clark Avenue where multiple steam railroads and a terminal company also had tracks. The street railway said it had been there first and that it should not have to pay for devices that respond to dangers created by steam railroads. The company sued in state court, claimed the order took its property without fair process and denied equal protection, and sought mandamus to block the order.

Reasoning

The central question was whether the city could require safety measures at an unusually dangerous crossing and make rail companies share the cost. The state supreme court and this Court said yes: the city can act under its power to protect the public, and it need not calculate exactly how much danger each company separately caused before ordering protections. The Court noted that rules about compensation when one road is condemned differ from rules the legislature may set for public safety. The petition to dismiss for lack of a federal question was denied, and the federal Court affirmed the state court’s judgment.

Real world impact

The practical effect is that cities may require safety devices at hazardous crossings and assign cost-sharing among rail operators, including electric streetcars and steam railroads. The Court also rejected an argument that a lack of statutory notice could be raised here when the record shows notice was given or the issue was not earlier presented.

Dissents or concurrances

The opinion notes there was a dissent at the state level, but the federal Court affirmed the state court’s judgment and did not decide the notice argument anew.