Louisiana Public Service Comm’n v. Morgan’s Co., 264 U.S. 393 (1924)

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Louisiana Public Service Commission v.

Morgan’s Louisiana & Texas Railroad & Steamship Company
No. 421

Argued March 5, 6, 1924
Decided April 7, 1924
264 U.S. 393

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF LOUISIANA

Syllabus

1. Under the Louisiana Constitution of 1921, Art. XIV, 22, the general control of its own streets is an ordinary governmental function of the City of New Orleans. P. 399.

2. The Louisiana Constitution of 1921 did not invest the state Public Service Commission with such control over streets within New Orleans that it may compel a railroad company to repair and keep up a street viaduct constructed over its tracks by the city under a contract which granted that right to the city without expropriation or compensation upon the express condition that the city should pay the cost of the erection and subsequent maintenance of the viaduct. P. 399.

287 F. 390, affirmed.

Appeal from a decree of the district court enjoining the appellants from enforcing an order requiring the appellee railroad company (plaintiff below) to repair a viaduct over its tracks.