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MISSOURI, K. & T. RY. CO. V. OKLAHOMA, 271 U. S. 303 (1926)

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U.S. Supreme Court

Missouri, K. & T. Ry. Co. v. Oklahoma, 271 U.S. 303 (1926)

Missouri, Kansas & Texas Railway Company v. Oklahoma

No. 205

Submitted March 5, 1926

Decided May 24, 1926

271 U.S. 303


1. A contract between a city and a railroad company the enforcement of which would hamper the state's power reasonably to regulate the construction and use of a crossing of the railway by a city street would be void. P. 271 U. S. 307.

2. A contract between a city and a railroad company, whereby the company (owning the fee) granted the city the right of way for a street under its railroad, and the city agreed to pay the cost of construction, and which contained other stipulations made for the sake of doing away with unauthorized crossings and arranging for further street extensions, but none involving any surrender by the city of police power or eminent domain, held valid. P. 271 U. S. 308.

3. An order of a state commission ignoring such a contract and requiring the company to construct the crossing and share the expense with the city, receiving from the city compensation for the right of way, impaired the obligation of the contract and deprived the company of property without due process of law. P. 271 U. S. 306.

107 Okla. 23 reversed.

Error to a judgment of the Supreme Court of Oklahoma denying a petition by the railway company to set aside an order of the Oklahoma Corporation Commission, made on petition of the City of McAlester, and requiring the Company to provide a street crossing.

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