Fulton v. Short Route Railway Transfer Co.
Court of Appeals of Kentucky
Case 78 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. There is no authority for the building by appellees of an elevated railway. The grants of franchises, and special and peculiar privileges, are construed most strictly against the corporation, and nothing will be deemed to be granted unless expressly named, or resulting by necessary implication from the powers expressly conferred.
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Case 78 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. There is no authority for the building by appellees of an elevated railway. The grants of franchises, and special and peculiar privileges, are construed most strictly against the corporation, and nothing will be deemed to be granted unless expressly named, or resulting by necessary implication from the powers expressly conferred. (Eertilizing Co. v. Hyde Park, 97 U. S., 666; Morawetz on Corporations, sec. 153, and cases there cited.) ‘2. When the fee in the land occupied as a street is in the abutting proprietor, no new…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
The charter of the. Short Route Railway Transfer Company, granted by the Legislature in 1873, provides :
Section 2. “ Said corporation is hereby granted the exclusive privilege to build, construct, maintain and operate a railway transfer company, by steam or animal power, for the transportation of passengers and freight, by the car load or otherwise, including that portion of the city of Louisville north of Main, street, from the east side of First street to the west side of Fourteenth street, for a period of ninety-nine years, dating from January…
2Cases cited6 opinions
- Barney v. KeokukSupreme Court of the United States · 1877
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Elizabethtown, Lexington & Big Sandy Railroad v. CombsCourt of Appeals of Kentucky · 1874
- Jeffersonville, Madison & Indianapolis R. R. v. EsterleCourt of Appeals of Kentucky · 1878
- Cosby v. Owensboro & Russellville R. R.Court of Appeals of Kentucky · 1874
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3Cited by17 opinions
- Detroit City Railway v. MillsMichigan Supreme Court · 1891
- Lieberman v. Chicago & South Side Rapid Transit RailroadIllinois Supreme Court · 1892
- McCleary v. BabcockIndiana Supreme Court · 1907
- Stein v. C. & O. Ry. Co.Court of Appeals of Kentucky · 1909
- Gargan v. Louisville, New Albany & Chicago Railway Co.Court of Appeals of Kentucky · 1889
12 more not listed; retrieve them via the Exa API.