City of Coeur D'Alene v. Spokane & Inland Empire Railroad
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action for injunction. Judgment for defendants. There was no necessity for a formal declaration of forfeiture because by the provisions of the franchise ordinance itself it declared the forfeiture in the case of a failure to comply with its provisions.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action for injunction. Judgment for defendants. There was no necessity for a formal declaration of forfeiture because by the provisions of the franchise ordinance itself it declared the forfeiture in the case of a failure to comply with its provisions. (Wheeling & Elm Grove R. R. Co. v. Town of Triadelphia, 58 W. Va. 487, 52 S. E. 499, 4 L. E. A., N. S., 321, 333; Kaiser Lmd & Fruit Co. v. Curry, 155 Cal. 638, 103 Pac. 341, 345; Town of Areata v. Areata & M. R. R. Co., 92 Cal. 639, 28…
1Opinion of the CourtMorgan, J.
Appellant, the city of Coeur d’Alene, alleged in its complaint that on September 27,1915, respondent, Spokane & Inland Empire Railroad Company, hereinafter called the company, prepared and submitted to the city council a proposed ordinance, which was passed and approved, by the terms of which there was granted to it the right to construct, maintain and operate a railroad track upon and over a portion of one of the city’s streets; that it was provided in the ordinance, among other things, that it be in full force and effect from its passage, approval and publication, *164conditioned, however, upon…
2Cases cited1 opinion
- Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
3Cited by13 opinions
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- Commercial Standard Insurance v. RemayIdaho Supreme Court · 1937
- Neitzel v. LawrenceIdaho Supreme Court · 1924
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