Tibbetts v. West & South Town Street Railway Co.

At the time the ordinances permitting the construction of appellee’s railway were enacted, there was in existence the following statute:

“ The city council or board of trustees shall have no power to grant the use of, or the right to lay down, any railroad tracks in any street of the city, to any steam or horse railroad company, except upon a petition of the owners of the land representing more than one-half of the frontage of the street, or so much thereof as is sought to be used for railroad purposes.”

The question here presented is not as to the necessity for such a petition as is prescribed…