Kipp v. Davis-Daly Copper Co.
Montana Supreme Court
Appeal from, District Court, Silver Bow County; John B. McClernan, Judge. Action by Louis Kipp and others against the Davis-Daly Copper Company. From an order granting plaintiffs an injunction, defendant appeals. Whether or not the construction, maintenance and operation of the street railroad in question is within the purposes for which a street may be lawfully used is, it seems to us, answered by certain provisions of' the Constitution and statutory law of the state.
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Appeal from, District Court, Silver Bow County; John B. McClernan, Judge. Action by Louis Kipp and others against the Davis-Daly Copper Company. From an order granting plaintiffs an injunction, defendant appeals. Whether or not the construction, maintenance and operation of the street railroad in question is within the purposes for which a street may be lawfully used is, it seems to us, answered by certain provisions of' the Constitution and statutory law of the state. (See Const., Art. XV, secs. 5, 12; Rev. Codes, subd. 6, sec. 3259.) In view of these provisions, the power of the city of…
1Opinion of the CourtChief Justice Brantly
the court.
This action was brought to' obtain an injunction to restrain the defendant corporation from constructing and operating a *513line of railroad upon and along Ohio and Mercury streets, in King’s addition to the city of Butte. Mercury street is one of the principal thoroughfares of the city, extending through it from east to west. Throughout the portion in controversy here it is fifty feet in width. The plaintiffs own lots abutting thereon on both sides, with a frontage in the aggregate of 1,000 feet. The defendant is a mining corporation, organized under the laws of the state of Maine,…
2Cases cited19 opinions
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Cater v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1895
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- State v. Camp SingMontana Supreme Court · 1896
- Doane v. Lake Street Elevated RailroadIllinois Supreme Court · 1896
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- City of Missoula v. MixMontana Supreme Court · 1950
- Montana Power Company v. BokmaMontana Supreme Court · 1969
- Bolinger v. City of BozemanMontana Supreme Court · 1972
- Stewart v. Standard Publishing Co.Montana Supreme Court · 1936
- Blumenthal v. City of CheyenneWyoming Supreme Court · 1947
21 more not listed; retrieve them via the Exa API.