“The establishment of that great thoroughfare is regarded as a public
work, established by public authority, intended for the public use
and benefit, the use of which is secured to the whole community, and
constitutes, therefore, like a canal, turn-pike, or highway, a public
easement.... It is true that the real and personal property, necessary
to the establishment and management of the railroad, is vested in the
corporation; but it is in trust for the public.” In _Erie, etc., R.
R. Co. ~v.~ Casey_, 26 Penn St. 287, the court, referring to an act
repealing the charter of a railroad, and under which the State took
possession of the road, said: “It is a public highway, solemnly devoted
to public use. When the lands were taken it was for such use, or they
could not have been taken at all.... Railroads established upon land
taken by the right of eminent domain by authority of the commonwealth,
created by her laws as thorough-fares for commerce, are her highways. No
corporation has property in them, though it may have franchises annexed
to and exercisable within them.”
In many courts it has been held that because of the public interest in
such a corporation the land of a railroad company cannot be levied on
and sold under execution by a creditor. The sum of the adjudged cases is
that a railroad corporation is a government agency, created primarily for
public purposes, and subject to be controlled for the public benefit.
Upon this ground the State, when unfettered by contract, may regulate,
in its discretion, the rates of fares of passengers and freight. And
upon this ground, too, the State may regulate the entire management
of railroads in all matters affecting the convenience and safety of
the public; as, for example, by regulating speed, compelling stops of
prescribed length at stations, and prohibiting discriminations and
favoritism. If the corporation neglect or refuse to discharge its duties
to the public, it may be coerced to do so by appropriate proceedings in
the name or in behalf of the State.
Public-domain text, read in full here on John Shaqi.
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