Seattle, R. & S. Ry. Co. v. City of Seattle
District Court, W.D. Washington
In Equity. Suit by the Seattle, Renton & Southern Railway Company against the City of Seattle and others. On final hearing.
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In Equity. Suit by the Seattle, Renton & Southern Railway Company against the City of Seattle and others. On final hearing. On December 23, 1910, complainant commenced an action against the city of Seattle and members of the city council, alleging in substance that it was a corporation, and the owner of and operating an interurban line of railway extending from the city of Seattle to the city of Renton, King county, Wash.; that such line was completed and put in operation about the year 1906; that said railway had been in daily continuous operation, carrying passengers and freight and…
1Opinion of the CourtNeterer, District Judge
(after stating the facts as above). The complainant contends, in oral argument, no briefs being filed, first, that. *699the reserved power of the city to repeal the franchise ordinance is equivalent to the rescission clause in a private contract, and the franchise being a contract between the parties (Dern v. Salt Lake City Ry. Co., 19 Utah, 46, 56 Pac. 556), it is governed by the general rales applicable to contracts, and that before the city could repeal the franchise and declare a forfeiture, it must return, or offer to return, the strip of laud along and over which the road in issue is built,…
2Cases cited43 opinions
- Robb v. VosSupreme Court of the United States · 1894
- Conrow v. . LittleNew York Court of Appeals · 1889
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Thompson v. HowardMichigan Supreme Court · 1875
- Sioux City Street Railway Co. v. Sioux CitySupreme Court of the United States · 1891
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3Cited by1 opinion
- Crawford v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1918