Southern Wisconsin Ry. Co. v. City of Madison, 240 U.S. 457 (1916)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 240 U.S. 449, click here.

Southern Wisconsin Railway Company v. City of Madison

No. 260

Argued March 6, 7, 1916
Decided March 20, 1916
240 U.S. 457

ERROR TO THE SUPREME COURT

OF THE STATE OF WISCONSIN

Syllabus

Although the charter of a railway company was held in this case to be a contract, a later ordinance requiring it to pave with asphalt the space between its tracks and one foot on each side was held not to be an impairment of its obligation or a violation of the due process or equal protection provisions of the Fourteenth Amendment.

The state court having found that the pavement between the tracks of a street railway needed repair, and that the pavement originally used was not suitable and was additionally unsuitable when the rest of the street was paved with asphalt, this Court will not declare the state wrong in holding that a provision requiring the railway company to keep the space between the tracks and one foot on each side in proper repair so as not to interfere with travel over the same was broad enough to cover requiring it to be paved with asphalt when the rest of the street was so paved.

156 Wis. 352 affirmed.

The facts, which involve the constitutionality of a street paving ordinance of the City of Madison, Wisconsin, under the contract clause of, and the due process provisions of the Fourteenth Amendment to, the Federal Constitution, are stated in the opinion.