Legal Opinion

Logan & Sons v. Pyne

Supreme Court of Iowa

Decided June 14, 1876PublishedCited by 20 opinions

Appeal from Dubuque Circuit Court. The petition alleges that by ordinance the city of Dubucjue granted to plaintiffs “ the exclusive privilege and franchise of running for hire omnibuses for the purpose of conveying persons, passengers and travelers, and their baggage upon the •streets of the city to and from the hotels, steamboat landings and railroad stations,” on condition that they should furnish necessary and suitable vehicles, for the conveyance of travelers and…

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Appeal from Dubuque Circuit Court. The petition alleges that by ordinance the city of Dubucjue granted to plaintiffs “ the exclusive privilege and franchise of running for hire omnibuses for the purpose of conveying persons, passengers and travelers, and their baggage upon the •streets of the city to and from the hotels, steamboat landings and railroad stations,” on condition that they should furnish necessary and suitable vehicles, for the conveyance of travelers and citizens to any part of the city at all reasonable hours, and •for certain charges fixed by the ordinance. The exclusive…

1Opinion of the Court

Beck, J., 1. MUNICIPAL limFtation of; powers. I. The power of municipal corporations is strictly' confined within the limits prescribed by the statutes creating them, and will not be extended by the courts upon d L uaere inference. It always depends upon express grant, or must be necessarily implied as incident

to other powers expressly granted, or indispensable to the object and purpose for which the corporations were created. Doubts as to the existence of such powers must be resolved against the corporations and in favor of the public. Merriam v. Moody, Ex'r, 25 Iowa, 164; The State v.…

2Cases cited6 opinions

  1. Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
  2. Painter v. PainterOhio Supreme Court · 1849
  3. Minturn v. LarueSupreme Court of the United States · 1860
  4. City of Chicago v. RumpffIllinois Supreme Court · 1867
  5. Ham v. MillerSupreme Court of Iowa · 1866

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

3Cited by20 opinions

  1. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  2. Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
  3. Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889
  4. Van Eaton v. Town of SidneySupreme Court of Iowa · 1930
  5. Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.Supreme Court of Alabama · 1885

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

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