Legal Opinion

City of New Albany v. New Albany Street Railroad

Indiana Supreme Court

Decided April 20, 1909No. 21,129PublishedCited by 9 opinions

From Floyd Circuit Court; William C. TJtz, Judge. Suit by tbe City of New Albany against the New Albany Street Railroad Company and another. From a judgment for defendants, plaintiff appeals.

1Opinion of the CourtHadley, J.

Appellant seeks to enjoin appellees from constructing their railroad track on Vincennes street, in appellant city, with a certain kind of rail known as T rails. In addition, appellant seeks to compel appellees, by mandatory injunction, to lay their said tracks, on Vincennes *489street in said city, with a rail known as Johnson, or girder, rails.

The controversy arises upon three ordinances passed by appellant city relating to the relaying of the street-car tracks through the streets of the city.

On December 15, 1902, a franchise was granted to appellee New Albany Street Railroad Company to operate…

2Cases cited10 opinions

  1. Camfield v. United StatesSupreme Court of the United States · 1897
  2. State v. GerhardtIndiana Supreme Court · 1896
  3. Toledo, Wabash & Western Railway Co. v. City of JacksonvilleIllinois Supreme Court · 1873
  4. Baltimore v. Baltimore Trust & Guarantee Co.Supreme Court of the United States · 1897
  5. Vandalia Railroad v. State ex rel. City of South BendIndiana Supreme Court · 1906

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. MacPherson v. Department of Administrative ServicesOregon Supreme Court · 2006
  2. Selvage v. TalbottIndiana Supreme Court · 1911
  3. Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
  4. Hamer v. City of HuntingtonIndiana Supreme Court · 1939
  5. Burgin by and Through Akers v. TolleIndiana Court of Appeals · 1986

4 more not listed; retrieve them via the Exa API.

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