Iron Mountain R. Co. of Memphis v. City of Memphis
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western District of Tennessee. These axe cross appeals in a suit in equity begun by the Iron Mountain Railroad Company of Memphis against the city of Memphis and the members of the legislative council of that city.
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Appeal from the Circuit Court of the United States for the Western District of Tennessee. These axe cross appeals in a suit in equity begun by the Iron Mountain Railroad Company of Memphis against the city of Memphis and the members of the legislative council of that city. The object of the bill was to enjoin the city of Memphis and its legislative council from attempting to enforce a forfeiture of the rights of the complainant under a contract made between the complainant and the predecessor of the corporation of the city of Memphis, the taxing district of Shelby county, whereby the right…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). The first question which arises on this rqcord is whether the action taken and proposed to be táken by the city was an attempt by the state to take the property of the complainant without due process of law. *120Kentucky avenue was one of the streets of the city of Memphis. Title to the easement or the fee in the street was held in trust by the taxing district of Shelby county and the city of Memphis for the use of the public at large. The power to contract with reference to the street, and the power to exercise control over it, was originally vested in the…
2Cases cited40 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Civil Rights CasesSupreme Court of the United States · 1883
- Smyth v. AmesSupreme Court of the United States · 1898
- Ex Parte VirginiaSupreme Court of the United States · 1880
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3Cited by28 opinions
- Phelps v. Mutual Reserve Fund Life Ass'nCourt of Appeals for the Sixth Circuit · 1901
- Ohio ex rel. Seney v. SwiftCourt of Appeals for the Sixth Circuit · 1921
- Cumberland Telephone & Telegraph Co. v. City of MemphisDistrict Court, W.D. Tennessee · 1912
- Board of Mayor v. East Tennessee Telephone Co.Court of Appeals for the Sixth Circuit · 1902
- City of Memphis v. St. Louis & S. F. R. Co.Court of Appeals for the Sixth Circuit · 1910
23 more not listed; retrieve them via the Exa API.