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MINNEAPOLIS & ST. L. R. CO. V. MINNESOTA, 193 U. S. 53 (1904)

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U.S. Supreme Court

Minneapolis & St. L. R. Co. v. Minnesota, 193 U.S. 53 (1904)

Minneapolis and St. Louis Railroad Company v. Minnesota

No. 138

Argued January 21, 1904

Decided February 23, 1904

193 U.S. 53

Syllabus

Where the constitutionality of a state statute is directly attacked in the answer, the federal question has been so raised in the court below that it will be considered on the merits, and the motion to dismiss denied. To establish stations at proper places is the proper duty of a railroad company, and it is within the power of the states to make it prima facie a duty of the companies to establish them at all villages and boroughs on their respective lines.

Chapter 270, April 13, 1901, General Laws of Minnesota, requiring the erection and maintenance of depots by railroad companies on the order of the Railroad and Warehouse Commission under the conditions therein stated in that act, does not deny a railroad company the right to reasonably manage or control property or arbitrarily take its property without its consent, or without compensation or due process of law, and is not repugnant to the Constitution of the United States.

When the highest court of a state affirms a judgment, although by a divided court, it constitutes an affirmance of the finding of the trial court which then, like the verdict of a jury, is conclusive as to the facts upon this Court.

The facts are stated in the opinion of the Court. chanroblesvirtualawlibrary

Page 193 U. S. 59





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