City of Barre v. Barre & Montpelier Power & Traction Co.
Supreme Court of Vermont
Appeal in Chancery, Washington County. Heard at Chambers on August 31, 1914, upon defendant’s demurrer to the bill and its plea thereto, Slack, Chancellor. Decree, pro forma, dismissing the bill with costs to the defendant. The orator appealed. The opinion states the case. The franchise, with its terms and conditions, when accepted and acted upon by defendant, became a contract that it is not at liberty to violate.
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Appeal in Chancery, Washington County. Heard at Chambers on August 31, 1914, upon defendant’s demurrer to the bill and its plea thereto, Slack, Chancellor. Decree, pro forma, dismissing the bill with costs to the defendant. The orator appealed. The opinion states the case. The franchise, with its terms and conditions, when accepted and acted upon by defendant, became a contract that it is not at liberty to violate. Nellis Street Surface E. E. §11, p. 105 and notes; Nellis Street Surface E. E. Co., §13, and notes; City of Rochester v. Rochester Railway Co., 98 N. Y. App. Div. 521, 3 St. E. E.…
1Opinion of the CourtHasjslton, J.
This is a bill in chancery. The city of Barre alleges that, by the terms of the franchise under which the defendant company operates its railway .in the streets of the city, the company is limited to the charge of a five cent fare for a ride upon its lines within the city limits, and is obligated to give transfer tickets to all lines within the city limits. The bill alleges that the company has published notices that after a date named it will raise the fare to six cents.
The bill seeks among other things by an injunction both restraining and mandatory to prevent the defendant company from…
2Cases cited15 opinions
- Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
- City of Cleveland v. Cleveland City Railway Co.Supreme Court of the United States · 1904
- Grand Trunk Western Railway Co. v. City of South BendSupreme Court of the United States · 1913
- Omaha & Council Bluffs Street Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1913
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
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3Cited by9 opinions
- State ex rel. Triay v. BurrSupreme Court of Florida · 1920
- Trybulski v. Bellows Falls Hydro-Electric Corp.Supreme Court of Vermont · 1941
- Georgia Railway & Power Co. v. Railroad CommissionSupreme Court of Georgia · 1919
- Vermont Gas Systems, Inc. v. City of BurlingtonSupreme Court of Vermont · 1971
- Town of West Rutland v. Rutland Railway Light & Power Co.Supreme Court of Vermont · 1923
4 more not listed; retrieve them via the Exa API.