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SOUTHERN RAILWAY COMPANY v. CITY OF MORRISTOWN

No. 71-1032.

448 F.2d 288 (1971)

SOUTHERN RAILWAY COMPANY, Plaintiff-Appellant, v. CITY OF MORRISTOWN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

September 22, 1971.

Attorney(s) appearing for the Case

Charles A. Horsky, Washington, D. C., for plaintiff-appellant; David H. Hickman, Washington, D. C., Wm. H. Inman, Morristown, Tenn., on brief.

James K. Miller, Morristown, Tenn., for defendant-appellee.

Before PHILLIPS, Chief Judge, and McCREE and MILLER, Circuit Judges.

WILLIAM E. MILLER, Circuit Judge.

This case involves a determination whether Ordinance Number 1813 (dated August 4, 1970) of the City of Morristown, Tennessee, requiring Southern Railway Company to install and maintain entirely at its own expense three automatic signals at street-railway crossings in the city is arbitrary and unreasonable in light of all the circumstances and therefore in violation of the due process and...

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