Sioux City Street Railway Co. v. City of Sioux City
Supreme Court of Iowa
Appeal from(Woodbury District Court.- — Hon. C. H. Lewis, Judge. This is a proceeding by certiorari to determine tbe validity of a certain action of the defendant city in requiring plaintiff to pave that part of the streets whereon its street railway is built, which is of the breadth of one foot on the outside of its street railway track.
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Appeal from(Woodbury District Court.- — Hon. C. H. Lewis, Judge. This is a proceeding by certiorari to determine tbe validity of a certain action of the defendant city in requiring plaintiff to pave that part of the streets whereon its street railway is built, which is of the breadth of one foot on the outside of its street railway track. A demurrer to the petition was sustained, and, plaintiff electing to plead no further, its petition was dismissed, and thereupon it appealed to this court. The cause has before been in this court {see post, p. —).
1Opinion of the CourtBeck, J.
I. After the decision of this cause when before in this court it was remanded for further proceedings to the district court. The petition was amended by the addition of allegations to the effect that the statutes of the state and the ordinance and other action of the city under which the pavement was constructed, and an assessment made therefor, are in conflict with article 1, section 10, of the constitution of the United States, in that they have the effect to impair the obligation of a contract. The claim of plaintiff in support of this allegation of its petition is based upon the position…
2Cited by9 opinions
- Oklahoma City v. ShieldsSupreme Court of Oklahoma · 1908
- Storrie v. Houston City Street Railway Co.Texas Supreme Court · 1898
- Wall v. Bankers Life Co.Supreme Court of Iowa · 1929
- Marshalltown Light, Power & Railway Co. v. City of MarshalltownSupreme Court of Iowa · 1905
- State ex rel. White v. City of KansasSupreme Court of Kansas · 1931
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