South Covington & Cincinnati Street Railway Co. v. City of Covington

Background

The case was brought by a Kentucky street railway company seeking to stop the City of Covington from enforcing an ordinance that set passenger limits, required more cars, mandated platform rails, required weekly fumigation, and fixed a minimum temperature for cars. The company operates continuous streetcar trips across a bridge between Covington and Cincinnati for a single fare, with most passengers traveling between the two cities. The Kentucky trial court denied the company’s request for an injunction and the state Court of Appeals affirmed, leading to this review.

Reasoning

The Court first examined whether the streetcar service is interstate commerce and concluded it is, because the same cars and crews carry passengers between Kentucky and Ohio for one fare. The Court explained that states may adopt local health and safety rules that only incidentally affect interstate travel, but may not impose rules that directly control interstate operations. Applying that test, the Court held the city could keep and enforce safety measures like platform rails, cleaning, ventilation, and fumigation. But the Court found the passenger‑limit and car‑number rules, and the strict 50°F heating requirement, improperly pressured interstate service and were unreasonable or impracticable.

Real world impact

The judgment was reversed in part and sent back to the state court. The decision prevents Covington from enforcing the specific capacity, car‑number, and heating mandates against the railway, while leaving in place ordinary safety and cleanliness rules. The case does not finally decide all issues and the remaining parts of the ordinance continue to be enforceable unless changed by further proceedings.