Durham Public Service Co. v. Durham, 261 U.S. 149 (1923)

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Durham Public Service Company v. Durham

No. 251

Argued January 19, 1923
Decided February 19, 1923
261 U.S. 149

ERROR TO THE SUPREME COURT

OF THE STATE OF NORTH CAROLINA

Syllabus

1. A contract between a city and a street railway company should not be allowed to exempt the latter from future liability for paving the portions of streets occupied by its tracks unless such exemption be plainly expressed. P. 151.

2. An assessment against a street railway company for paving between and near its tracks and rails, greater than the amount assessed, for the rest of the pavement, on abutting lots valued much higher than the railway property on the street, held not arbitrary and unreasonable. P. 152.

3. Imposition of special obligations on railway companies in respect of street paving is consistent with reasonable legislative classification. P. 154.

182 N.C. 333 affirmed.

Error to a judgment of the Supreme Court of.North Carolina sustaining an assessment for street paving levied against the plaintiff in error street railway company. Certiorari also was applied for and denied.