Nashville, C. & St.L. Ry. v. White, 278 U.S. 456 (1929)

Nashville, Chattanooga & St. Louis Railway v. White


Nos. 135 and 169


Argued January 11, 1929
Decided February 18, 1929
278 U.S. 456

ERROR TO AND APPEAL FROM
THE SUPREME COURT OF TENNESSEE

Syllabus

An ordinance requiring a railway company on every street crossed by its tracks to keep a flagman on duty to give warning of approaching trains by waving a flag in daytime and a red lighted lamp at night cannot be held to have become an unreasonable burden on interstate commerce as applied to interstate trains, or so arbitrary as to amount to a denial of due process of law, because automatic devices of an approved modern type that are a better and cheaper means of protection have been installed by the railway, if there be reasonable ground for believing that compliance with the ordinance at the crossing in question would diminish the danger of accidents. P. 459.

Affirmed.

Error to and appeal from a judgment of the Supreme Court of Tennessee, affirming, with some modification, four judgments in as many personal injury cases. The writ of error was dismissed.