Atchison, Topeka and Santa Fe Ry. Co. v. State

In Atchison, Topeka and Santa Fe Ry. Co. v. State, 1984 OK 29, 683 P.2d 974, the railroad company had argued that the Commission lacked jurisdiction to issue an order designating two grade crossings with signal devices and directing the railroad to construct and maintain such crossings. The order made the railroad's performance contingent on the State acquiring the right of way. On appeal, the railroad argued that the authority conferred on the Commission was "limited to situations where a railroad crosses an established highway." Id. The Court found "no merit in the railroad's argument." Id. "It makes no difference which thoroughfare was laid down first. In Chicago, R.I. & P. Ry. Co. v. Taylor, supra, the Court noted that the Legislature, in the exercise of its police powers, may impose on railroads the duty of maintaining highway crossings, although the street or highway was laid across the railroad subsequent to its construction." Id.