Western Paving & Supply Co. v. Citizens' Street Railroad

This case was under consideration by the late Judge Mitchell, prior to his death, and, while so considering it, he prepared the following statement, which we adopt:

“ On the 18th day of January, 1864, the common council of the city of Indianapolis passed an ordinance authorizing the Citizens’ Street Railway Company, which had been duly organized under the general laws for the incorporation of street railways, to use the streets of the city for the purpose *527of constructing and operating thereon a street railway. Among other things it was provided, in the ordinance, that the company should…