Legal Opinion

City of Canton v. Canton Cotton Warehouse Co.

Mississippi Supreme Court

Decided March 15, 1904PublishedCited by 15 opinions

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…

1Opinion of the CourtTruly, J.

The parties to this litigation are (1) the city of Canton, a municipality of this state incorporated by legislative authority in 1836, and by operation of law clothed with “full jurisdiction in the matter of streets,” and having power to “regulate the crossing of railways;” (2) the Canton Cotton Warehouse Company, a private corporation operating under a charter authorizing it to manufacture ice and sell water, but possessing no municipal franchise empowering it to lay pipes under the streets of the city; (3) the Illinois Central Eailroad Company, a foreign corporation operating and…

2Cases cited11 opinions

  1. The People v. . KerrNew York Court of Appeals · 1863
  2. City of Chicago v. Union Stock Yards & Transit Co.Illinois Supreme Court · 1896
  3. Chicago & Northwestern Railway Co. v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
  4. American Telephone & Telegraph Co. v. PearceCourt of Appeals of Maryland · 1889
  5. Cassidy v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1886

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3Cited by15 opinions

  1. Hudson v. Farrish Gravel Company, Inc.Mississippi Supreme Court · 1973
  2. Kerlin v. Southern Bell Telephone & Telegraph Co.Supreme Court of Georgia · 1941
  3. Willmut Gas & Oil Co. v. Covington CountyMississippi Supreme Court · 1954
  4. Board of Sup'rs v. State Highway CommissionMississippi Supreme Court · 1940
  5. City of International Falls v. Minnesota, Dakota & Western Railway Co.Supreme Court of Minnesota · 1912

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