Legal Opinion

City of Burlington v. Burlington Street Ry. Co.

Supreme Court of Iowa

Decided September 17, 1878PublishedCited by 23 opinions

Appeal from, Des Moines Circuit Cowrt. Action in chancery to enjoin defendant from laying a. double track for the street railway on Division street, between Fifth and Eighth streets. A demurrer to defendant’s answer was overruled, and plaintiff standing upon this demurrer the petition was dismissed. Plaintiff appeals.

1Opinion of the CourtBeck, J.

I. The petition in this case was filed December-3. 1877. It shows that an ordinance of the city was adopted July 7, 1873, conferring upon defendant authority to construct a street railway. The provisions of this ordinance! *145need not be set out further than to present the following sections, upon which the questions involved in this case arise:

“Section 5. Authority is hereby conferred to lay single or double tracks on said streets, except that on streets not more than forty feet wide only one track shall be laid, together with such turn-outs, side-tracks, switches and turn-tables, as may be…

2Cited by23 opinions

Grand Trunk Western Railway Co. v. City of South BendSupreme Court of the United States · 1913
Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
Sioux City Street Railway Co. v. Sioux CitySupreme Court of the United States · 1891
Northwestern Telephone Exchange Co. v. City of MinneapolisSupreme Court of Minnesota · 1900
City of Quincy v. BullIllinois Supreme Court · 1883

18 more not listed; retrieve them via the Exa API.