Pacific Gas & Elec. Co. v. Police Court, 251 U.S. 22 (1919)

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Pacific Gas & Electric Company v. Police Court

No. 31

Submitted October 9, 1919
Decided December 8, 1919
251 U.S. 22

ERROR TO THE DISTRICT COURT OF APPEAL, THIRD APPELLATE

DISTRICT, OF THE STATE OF CALIFORNIA

Syllabus

When an intermediate state court assumes jurisdiction and renders a judgment which the state supreme court declines to review for want of power, the writ of error to review federal questions involved runs to the judgment of the intermediate court, and the jurisdiction of that court is not subject to question here. P. 24.

In the absence of any particular contract provision touching the subject, the question whether an ordinance requiring a street railroad company to sprinkle the street within and near its tracks imposes an undue burden, in view of its general right to operate the railroad under its franchise, is a question of police power, and does not involve the contract clause. P. 25.

A city ordinance requiring a street railway company, without cost to the city, to sprinkle the street occupied by its railroad between the rails and for a sufficient distance beyond to lay the dust and prevent it from rising when cars are in operation is within the police power. Id.

Such an ordinance does not violate the equal protection clause in discriminating between street railroad car and other vehicles on the same streets. P. 26.

28 Cal.App. 412 affirmed.

The case is stated in the opinion.