Valdés y Cobián v. Grahame
District Court, D. Puerto Rico
1, When the facts show that the government did not, and did not intend to, grant a franchise to operate a steam ferry, the utmost of the concession to the person claiming such a franchise is a permit, revocable by the executive council whenever the licensee fails to keep the terms of the license. 2. Franchises are never presumed, and doubts must be resolved against the; persons setting up their existence. 3. All franchises for public service, whether revocable or exclusive…
Read the full summary
1, When the facts show that the government did not, and did not intend to, grant a franchise to operate a steam ferry, the utmost of the concession to the person claiming such a franchise is a permit, revocable by the executive council whenever the licensee fails to keep the terms of the license. 2. Franchises are never presumed, and doubts must be resolved against the; persons setting up their existence. 3. All franchises for public service, whether revocable or exclusive or not,. are subject to reasonable regulation and proper control. 4. The executive council of Porto Rico can exercise…
1Opinion of the Court
Rodey, Judge,
delivered the following opinion:
This is a suit in equity by which complainant seeks to enjoin-, the respondent, as commissioner of the interior of Porto Rico, from carrying out the instructions of the executive council of the island, to prevent the landing of the complainant’s ferryboats at San Juan, Porto Rico, as they have heretofore for many-years been accustomed to do, and asking that the court shall, decree that complainant is possessed of a franchise granted to-*419bim by tbe King of Spain in the year 1881, which he alleges entitles him to continue landing his ferryboats at a…
2Cases cited13 opinions
- Olsen v. SmithSupreme Court of the United States · 1904
- Wiggins Ferry Co. v. East St. LouisSupreme Court of the United States · 1883
- Louisville Gas Co. v. Citizens' Gas Co.Supreme Court of the United States · 1885
- De Haro v. United StatesSupreme Court of the United States · 1867
- Mayor, Etc., of N.Y. v. . StarinNew York Court of Appeals · 1887
8 more not listed; retrieve them via the Exa API.