City of Durham v. Durham Public Service Co.
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at the Spring Term, 1921, of DURHAM. Trial by jury was waived by the parties. The action is to recover the sum of $102,942.30, assessed against the defendant company for its proportion of the cost of paving the Main Street of said city on which the tracks of defendant, a street railway, are laid.
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Appeal by defendant from Devin, J., at the Spring Term, 1921, of DURHAM. Trial by jury was waived by the parties. The action is to recover the sum of $102,942.30, assessed against the defendant company for its proportion of the cost of paving the Main Street of said city on which the tracks of defendant, a street railway, are laid. Defendant having refused to make the improvement ■ as required by a city ordinance, the work was done by the city and assessed against the company as the statute provides. There is no claim but that the proceedings were formally correct, but defendant resists…
1Opinion of the CourtHoee, J.
The charter of the Durham Traction Company, under which defendant holds and is operating the street railway (Private Laws 1901, ch. 25, sec. 2), contains the provision, “That said company may construct and operate railway lines upon and along the streets of said city, permission being first had from the board of aldermen,” etc. And the ordinance of the city by which the permit or license was given, after conferring the privilege and designating the routes over which the tracks may be laid, etc., is in part as follows :
“As soon as the said tracks are completed and the poles, wires, and…
2Cases cited21 opinions
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of the United States · 1914
- Milwaukee Electric Railway & Light Co. v. Wisconsin Ex Rel. City of MilwaukeeSupreme Court of the United States · 1920
- Sioux City Street Railway Co. v. Sioux CitySupreme Court of the United States · 1891
- Wilmington & Weldon Railroad v. AlsbrookSupreme Court of the United States · 1892
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3Cited by10 opinions
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- Reynard v. City of CaldwellIdaho Supreme Court · 1935
- Tarboro v. . ForbesSupreme Court of North Carolina · 1923
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