Legal Opinion
Lake Erie & Western Railroad v. City of Noblesville
Indiana Court of Appeals
Decided September 22, 1896No. 2,261PublishedCited by 4 opinions
From the Clinton Circuit Court.
1Opinion of the CourtGavin, J.
Appellee sued to recover the penalty-tor violation of a city ordinance forbidding the running of trains within the corporate limits at a rate of speed exceeding six miles per hour.
The right of cities to regulate, by ordinance, the speed of trains through such cities is expressly conferred by statute, and has been confirmed by the Supreme Court. Section 3541, subd. 42, R. S. 1894 (section 3106, subd. 42., R. S. 1881); Whitson v. City of Franklin, 34 Ind. 392.
In this case, appellant is charged with having run its trains too fast upon its track, laid in the street along one side of the public…
2Cases cited5 opinions
- Benson v. ChristianIndiana Supreme Court · 1891
- Whitson v. City of FranklinIndiana Supreme Court · 1870
- Green v. City of IndianapolisIndiana Supreme Court · 1865
- Clevenger v. Town of RushvilleIndiana Supreme Court · 1883
- City of Hammond v. New York, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1891
3Cited by4 opinions
- Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
- Lake Erie & Western Railroad v. City of NoblesvilleIndiana Court of Appeals · 1896
- City of Greensburg v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
- Lake Erie & Western Railroad v. City of NoblesvilleIndiana Court of Appeals · 1896