John S. Thorpe v. the Rutland and Burlington Railroad Company

Summary

The court held that the legislature could constitutionally require an existing railroad to maintain cattle-guards at farm crossings or pay damages for cattle injured because of their absence. The requirement was a valid exercise of the state's police power and did not impair the railroad's charter because it regulated the manner of conducting a dangerous business without destroying or essentially modifying the railroad's essential franchise. The court therefore affirmed the judgment for the plaintiff.