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Lake Shore & Michigan Southern Ry. Co. v. Clough, 242 U.S. 375 (1917)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Lake Shore & Michigan Southern Ry. Co. v. Clough, 242 U.S. 375 (1917)
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Lake Shore & Michigan Southern Railway Company v. Clough No. 87 Argued November 9, 10, 1916 Decided January 8, 1917 242 U.S. 375
ERROR TO THE SUPREME COURT
OF THE STATE OF INDIANA
Syllabus
By the terms of the Indiana Railway Law of May 11, 1852, and amendments (1 Ind.Rev.Stats. 1852, p. 409, § 13; 2 Burns’ Ann. Ind.Stats.1914, §§ 5176 et seq., § 5195), as construed by the supreme court of the state, the obligation assumed by companies deriving their franchises thereunder to construct their railways over streams, watercourses, and canals "so as not to interfere with the free use of the same," etc., is a continuing obligation, under which such companies must bear without compensation the burden of repairing and adjusting their roads and bridges when canals are made across their rights of way, or natural streams intersecting them are deepened, in the execution of public drainage projects, pursuant to the Drainage Act of March 11, 1907 (Laws 1907, p. 508; 3 Burns’ Ann.Ind.Stats. 114, § 6140).
Due process is not denied by refusing compensation for the temporary inconvenience, or the cost of railway reconstruction, resulting from the making of drainage improvement across the rights of way of railway companies when the improvement is made for the public benefit in the proper exercise of the state police power, and neither wantonly nor arbitrarily, when no land of the companies is taken, but their easements merely crossed, and when the duty of accommodating their railroads to such improvements is part of the obligation assumed in accepting their franchises from the state.
The state drainage law, § 3, as construed by the state court, allows compensation for damages to the roads and bridges of public corporations, viz., counties, which.have not agreed to bear such damages themselves, but no compensation for like damages to private railway corporations which have made such agreements in advance, through their charter undertakings. Held, a substantial distinction, satisfying the equal protection clause of the Fourteenth Amendment.
182 Ind. 178 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Lake Shore & Michigan Southern Ry. Co. v. Clough, 242 U.S. 375 (1917) in 242 U.S. 375 242 U.S. 376. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=DETSRH5XG5AL1CG.
MLA: U.S. Supreme Court. "Syllabus." Lake Shore & Michigan Southern Ry. Co. v. Clough, 242 U.S. 375 (1917), in 242 U.S. 375, page 242 U.S. 376. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=DETSRH5XG5AL1CG.
Harvard: U.S. Supreme Court, 'Syllabus' in Lake Shore & Michigan Southern Ry. Co. v. Clough, 242 U.S. 375 (1917). cited in 1917, 242 U.S. 375, pp.242 U.S. 376. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=DETSRH5XG5AL1CG.
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