City of Canton v. Canton Cotton Warehouse Co.
Mississippi Supreme Court
From tbe chancery court of Madison county. Hon. Henry C. Oonn, Chancellor. The city of Canton, appellant, was complainant in the court below; the Canton Cotton Warehouse Company and the Illinois Central Hailroad Company, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court.
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From tbe chancery court of Madison county. Hon. Henry C. Oonn, Chancellor. The city of Canton, appellant, was complainant in the court below; the Canton Cotton Warehouse Company and the Illinois Central Hailroad Company, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The facts are fully stated in the opinion of the court. 1. The city of Canton by sec- 5, Acts 1836, p.-319, acquired police power by the words “may make all such by-laws for the good government of said towns respectively as they may deem expedient, over the…
1Dissent
Calhoon, J.,
delivered the following dissenting opinion:
The railroad tracks through the city of Canton and over its streets have been there more than forty 'years, and there has never been, and is not now, any trouble about a supply of water, of which there is plenty, nor any effort by the Illinois Central Railroad Company, until now, or by any of its predecessors, to excavate the public streets of the city to lay pipes *310in order to get water by purchase from another corporation or individual. Its position here is that it has the state’s power, which has no need to say to a city, “By your…
2Cases cited11 opinions
- Perrine v. Chesapeake & Delaware Canal Co.Supreme Court of the United States · 1850
- Ford v. Delta & Pine Land Co.Supreme Court of the United States · 1897
- Gulf, Colorado & Santa Fe Railway Co. v. CrawfordTexas Supreme Court · 1887
- Kip v. . New York and Harlem R.R. Co.New York Court of Appeals · 1876
- State ex rel. Collings v. BeckIndiana Supreme Court · 1882
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