Printable Format14-434. Levees; depot grounds; railway crossings; running of trains; regulation of speed. The council shall have power to regulate levees, depots, depot grounds, and places of storing freight and goods, and to provide for the passage of railways through the streets and public grounds of the city; also to regulate the crossings of railway tracks and to provide precautions and adopt ordinances regulating the same; to regulate the running of railway engines and cars, except speed, and to adopt ordinances relating thereto; and to make any other and further provisions, rules and restrictions to prevent accidents at crossings, and on the tracks of railways, and to prevent fires from engines.
On and after the effective date of this act, that part or parts of any rule, regulation or ordinance adopted pursuant to this section regulating the speed of railway engines and cars shall not be of any force or effect, and that part or parts shall be null and void.
History: L. 1872, ch. 100, § 64; R.S. 1923, § 14-434; L. 1988, ch. 76, § 3; L. 1998, ch. 164, § 4; July 1.
Source or prior law:
L. 1867, ch. 68, art. 3, § 2, ¶¶ 25, 26; G.S. 1868, ch. 19, § 30, ¶¶ 25, 26; L. 1871, ch. 62, § 47.
CASE ANNOTATIONS
1. Liability of railroad company to adjacent owners actually injured considered. A.&N. Rld. Co. v. Garside, 10 Kan. 552, 565.
2. Fee of streets in county; city has power to regulate. A.& N. Rld. Co. v. Garside, 10 Kan. 552, 565.
3. City not liable to lot owner for permitting railroad in street. Hedrick v. City of Olathe, 30 Kan. 348, 351, 1 P. 118.
4. Power of railroad under grant from city considered. O.O.C.& C.G. Rld Co. v. Larson, 40 Kan. 301, 306, 19 P. 661.
5. Right to construct railroad reserved on plat; effect considered. O.O.C. &C.G. Rld. Co. v. Larson, 40 Kan. 301, 306, 19 P. 661.
6. Section does not contravene provisions of constitution. O.O.C.&C.G. Rld. Co. v. Larson, 40 Kan. 301, 306, 19 P. 661.
7. City may contract for dividing cost of viaduct over tracks. City of Argentine v. A.T.&S.F. Rld. Co., 55 Kan. 730, 734, 41 P. 946.
8. Discretion of city in constructing or requiring viaduct considered. City of Argentine v. A.T.&S.F. Rld. Co., 55 Kan. 730, 734, 41 P. 946.
9. City has full authority to regulate depots and depot grounds. Ottawa v. Bodley, 67 Kan. 178, 179, 72 P. 545.
10. Regulation requiring hackmen to occupy certain designated places not invalid. Ottawa v. Bodley, 67 Kan. 178, 179, 72 P. 545.
11. Power of city to require opening of street under tracks considered. City of Emporia v. Railway Co., 88 Kan. 611, 613, 129 P. 161.
12. Power of city in regulating streets legislative; review by courts. City of Emporia v. Railway Co., 88 Kan. 611, 613, 129 P. 161.
13. Ordinance authorizing use of street for "railroad purposes" not vacation. City of Seneca v. Railway Co., 94 Kan. 323, 326, 146 P. 1168.
14. Adverse possession by railroad; city not estopped to deny vacation. City of Seneca v. Railway Co., 94 Kan. 323, 326, 146 P. 1168.
15. Section considered in determining reversion of land on vacation. Rowe v. Bowen, 113 Kan. 641, 643, 215 P. 1022.
16. Section cited in determining power to contract with railroad for construction of subway. State, ex rel., v. Atherton, 127 Kan. 449, 450, 273 P. 905.