Burlington & Henderson County Ferry Co. v. Davis
Supreme Court of Iowa
Appeal from Des Moines District Court. Action to enjoin the defendant from operating a ferry across the Mississippi river, between the city of Burlington and the opposite shore. The plaintiff claims the exclusive right to operate a ferry across the Mississippi river at the city of Burlington.
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Appeal from Des Moines District Court. Action to enjoin the defendant from operating a ferry across the Mississippi river, between the city of Burlington and the opposite shore. The plaintiff claims the exclusive right to operate a ferry across the Mississippi river at the city of Burlington. It predicates such right upon an ordinance of the city, the first and second sections of which are in the following words: “Section 1. Therefore, he it ordered hy the City Council of the City of Burlington. That in consideration of the premises, the right to establish and' maintain a ferry across the…
1Opinion of the CourtAdams, J.
The city council has only such power as has been given it by the Legislature. To determine whether the power to grant an exclusive right to operate a ferry at the point mentioned has been given, we have to inquire whether any act has been passed purporting to give such power, and if so> whether the Legislature had power to pass such act.
The act of the Legislature upon which the plaintiff relies is found in the charter of the city of Burlington, approved June 10, 1845. Section 15 of the Charter provides that “the city council shall have power, and it is made their duty to regulate by good and…
2Cases cited5 opinions
- Conway v. Taylor'sSupreme Court of the United States · 1862
- City of Chicago v. RumpffIllinois Supreme Court · 1867
- Logan & Sons v. PyneSupreme Court of Iowa · 1876
- Weld v. ChapmanSupreme Court of Iowa · 1856
- Gear v. BullerdickIllinois Supreme Court · 1864
3Cited by10 opinions
- Ex parte DickeyWest Virginia Supreme Court · 1915
- Port Richmond & Bergen Point Ferry Co. v. Board of Chosen FreeholdersSupreme Court of the United States · 1914
- Mason v. Harper's Ferry Bridge Co.West Virginia Supreme Court · 1880
- State ex rel. County Attorney v. Des Moines City Railway Co.Supreme Court of Iowa · 1913
- Des Moines Street R. R. v. Des Moines Broad-Gauge Street R'y Co.Supreme Court of Iowa · 1887
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