Crawford v. City of Topeka
Supreme Court of Kansas
Error from Shawnee District Court. Action by Crawford against the City of Topeka and the street commissioner thereof. Judgment for the defendants at the April term, 1890. The plaintiff brings the case to this court. The opinion states the facts. The ordinance, as construed' by the council and the street commissioner, is an invasion of the private rights of property owners; it does not fall within any express grant from the legislature, and is therefore invalid.
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Error from Shawnee District Court. Action by Crawford against the City of Topeka and the street commissioner thereof. Judgment for the defendants at the April term, 1890. The plaintiff brings the case to this court. The opinion states the facts. The ordinance, as construed' by the council and the street commissioner, is an invasion of the private rights of property owners; it does not fall within any express grant from the legislature, and is therefore invalid. It was held in a recent decision of the supreme court of Connecticut, in the case of Pratt v. Borough of Litchfield, 25 Atl. Eep.…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
L. M. Crawford brought this action to enjoin the city of Topeka and its street commissioner from tearing down and removing billboards, fences and other structures upon which advertisements were posted. It appears that Crawford, under agreements with the owers of lots in different parts of the city, had erected upon the line of the lots structures similar to closely built fences, which were from 8 to 10 feet in height, upon which to post bills and advertisements of shows and entertainments which were to occur at his opera house in the city.…
2Cases cited2 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Langan v. City of AtchisonSupreme Court of Kansas · 1886
3Cited by28 opinions
- Murphy, Inc. v. Town of WestportSupreme Court of Connecticut · 1944
- Varney & Green v. WilliamsCalifornia Supreme Court · 1909
- People Ex Rel. M. Wineburgh Advertising Co. v. MurphyNew York Court of Appeals · 1909
- Haller Sign Works v. Physical Culture Training SchoolIllinois Supreme Court · 1911
- St. Louis Gunning Advertising Co. v. City of St. LouisSupreme Court of Missouri · 1911
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