Pulaski Gas Light Co. v. Remmel
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; STATEMENT BY THE COURT. H. L. Rernmel, Morris M. Cohn and Guy E. Thompson, commissioners composing the Board of Street Improvement, District No. 120, in the city of Little Rock, instituted this action against the Pulaski Gas Light Company to restrain it from excavating Main Street at its intersection with Twenty-first Street, for the purpose of laying a supply pipe for natural gas.
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Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; STATEMENT BY THE COURT. H. L. Rernmel, Morris M. Cohn and Guy E. Thompson, commissioners composing the Board of Street Improvement, District No. 120, in the city of Little Rock, instituted this action against the Pulaski Gas Light Company to restrain it from excavating Main Street at its intersection with Twenty-first Street, for the purpose of laying a supply pipe for natural gas. The cause was heard upon an agreed statement of facts, which is substantially as follows: Improvement District No. 120 was organized for the…
1Opinion of the Court
Hart, J.,
(after stating the facts). The decision of the chancellor was wrong. By the general provisions of our statutes granting and prescribing the powers of municipal corporations, they are given the control over the streets within the corporate limits of the municipality. Kirby’s Digest, § § 5438, 5456 and 5648.
In the case of Hughes v. Arkansas & Oklahoma Rd. Co., 74 Ark. 194, the court said: “In Fitzgerald v. Saxton, 58 Ark. 494, this court held that where municipal corporation limits are extended the jurisdiction and control of the county over highways in such territory is determined,…
2Cases cited3 opinions
- Pine Bluff Water Co. v. Sewer DistrictSupreme Court of Arkansas · 1891
- Fitzgerald v. SaxtonSupreme Court of Arkansas · 1894
- Hughes v. Arkansas & Oklahoma RailroadSupreme Court of Arkansas · 1905
3Cited by6 opinions
- Nall v. KelleySupreme Court of Arkansas · 1915
- Easley v. PattersonSupreme Court of Arkansas · 1920
- Gibson v. SpikesSupreme Court of Arkansas · 1920
- Williams v. Fort SmithSupreme Court of Arkansas · 1924
- Lewis v. RieffSupreme Court of Arkansas · 1914
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