Legal Opinion

Sioux City Street Railway Co. v. Sioux City

Supreme Court of the United States

Decided January 26, 1891No. 1228PublishedCited by 59 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF IOWA. The Sioux City Street Railway Company became a corporation on December 6, 1883, under the general incorporation laws of the State of Iowa. On the 12th of December, 1883,. the city of Sioux City, by an ordinance of the city council, conferred upon the company the right to locate, operate, construct and maintain street railways upon and along certain streets in the city, on the terms and conditions specified in such ordinance.

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ERROR TO THE SUPREME COURT OF THE STATE OF IOWA. The Sioux City Street Railway Company became a corporation on December 6, 1883, under the general incorporation laws of the State of Iowa. On the 12th of December, 1883,. the city of Sioux City, by an ordinance of the city council, conferred upon the company the right to locate, operate, construct and maintain street railways upon and along certain streets in the city, on the terms and conditions specified in such ordinance. Section 11 of the ordinance was as follows: “ Sec. 11. Whenever, by resolution of common council, any street or part of…

1Opinion of the Court

Mr. Justice Blatchford,

after stating the case,-delivered the. opinion of the court.

The Supreme Court of ff>wa, iQ /view of section 1090,-held, ‘that the city.pf Sioux'City, by granting the authority to construct and operate the railway on the condition of paving between the rails, did nob limit its authority to make and enforce other regulations and requirements, as authorized by section 1090; that, although," by the contract, the company bound .itself to pave between the rails, the city did not bihd~itself not to exercise the authority conferred upon it by section 1090, to impose other…

2Cases cited5 opinions

  1. Minot v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of the United States · 1874
  2. Spring Valley Water Works v. SchottlerSupreme Court of the United States · 1884
  3. Railway Co. v. PhiladelphiaSupreme Court of the United States · 1880
  4. City of Burlington v. Burlington Street Ry. Co.Supreme Court of Iowa · 1878
  5. City of Des Moines v. C., R. I. & P. R.Supreme Court of Iowa · 1875

3Cited by59 opinions

  1. Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1906
  2. United States v. Union Pacific Railway Co.Supreme Court of the United States · 1895
  3. Covington v. KentuckySupreme Court of the United States · 1899
  4. Citizens' Savings Bank of Owensboro v. OwensboroSupreme Court of the United States · 1899
  5. City of Rochester v. . Rochester Railway Co.New York Court of Appeals · 1905

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