[1656] 4 Pet. 514 (1830).
[1657] Thorpe v. Rutland & Burlington Railroad Co., 27 Vt. 140 (1854).
[1658] Thus a railroad may be required, at its own expense and irrespective of benefits to itself, to eliminate grade crossings in the interest of public safety, (New York & N.E.R. Co. v. Bristol, 151 U.S. 556 (1894)); to make highway crossings reasonably safe and convenient for public use, (Great Northern R. Co. v. Minnesota, 246 U.S. 434 (1918)); to repair viaducts, (Northern Pac. R. Co. v. Minnesota, 208 U.S. 583 (1908)); and to fence its right of way, (Minneapolis & St. L.R. Co. v. Emmons, 149 U.S. 364 (1893)). Though a railroad company owns the right of way along a street, the city may require it to lay tracks to conform to the established grade; to fill in tracks at street intersections; and to remove tracks from a busy street intersection, when the attendant disadvantages and expense are small and the safety of the public appreciably enhanced, (Denver & R.G.R. Co. v. Denver, 250 U.S. 241 (1919)).
Likewise the State, in the public interest, may require a railroad to reestablish an abandoned station, even though the railroad commission had previously authorized its abandonment on condition that another station be established elsewhere, a condition which had been complied with, (New Haven & N. Co. v. Hamersley, 104 U.S. 1 (1881)). It may impose upon a railroad liability for fire communicated by its locomotives, even though the State had previously authorized the company to use said type of locomotive power, (St. Louis & S.F.R. Co. v. Mathews, 165 U.S. 1, 5 (1897)); and it may penalize the failure to cut drains through embankments so as to prevent flooding of adjacent lands, (Chicago & A.R. Co. v. Tranbarger, 238 U.S. 67 (1915)).
[1659] Boston Beer Co. v. Massachusetts, 97 U.S. 25 (1878). See also Fertilizing Co. v. Hyde Park, 97 U.S. 659 (1878); and Hammond Packing v. Arkansas, 212 U.S. 322, 345 (1909).
[1660] 11 Pet. 420 (1837).
[1661] 11 Pet. at 548-553.
[1662] 201 U.S. 400 (1906).
[1663] Ibid. 471-472, citing The Binghamton Bridge, 3 Wall. 51, 75 (1865).
[1664] Memphis & L.R.R. Co. v. Berry, 112 U.S. 609, 617 (1884). See also Picard v. East Tennessee, Virginia & Georgia R. Co., 130 U.S. 637, 641 (1889); Louisville & N.R. Co. v. Palmes, 109 U.S. 244, 251 (1883); Morgan v. Louisiana, 93 U.S. 217 (1876); Wilson v. Gaines, 103 U.S. 417 (1881); Norfolk & W.R. Co. v. Pendleton, 156 U.S. 667, 673 (1895).