City of Newport v. South Covington & Cincinnati Street Railway Co.
Court of Appeals of Kentucky
Case 6 — APPEAL PROM CAMPBELL CHANCERY COURT. 1. As this cause was submitted on the pleadings, and there was but a single legal issue, a motion to set aside the judgment, on the ground that it was “contrary to law,” was sufficient.
Read the full summary
Case 6 — APPEAL PROM CAMPBELL CHANCERY COURT. 1. As this cause was submitted on the pleadings, and there was but a single legal issue, a motion to set aside the judgment, on the ground that it was “contrary to law,” was sufficient. (Helm v. Coffey, 80 Ky., 176; Henderson v. Dupree, 82 Ky., 681.) 2. The payment by appellee to appellant of ten dollars per car is, in no sense, a tax or license on appellee’s business or calling, and does not exempt it from the payment of an ad valorem tax. (Louisville City Railway Co. v. City of Louisville, 4 Bush, 479.) 3. The ordinance of 1867, adhered to for…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
In 1867 the appellant, the City of Newport, through its council, adopted an ordinance, which inter alia provides :
“ Section 1. That from and after the passage of this ordinance, there shall be granted unto the Newport Street Railway Company (now the appellee by change of name), their successors and assigns, the exclusive privilege of constructing and operating a street railway of double or single track, with all necessary turnouts and switches, on, over and along the streets herein named. * * *
“ Section 6. Said company shall pay into the city…
2Cases cited1 opinion
- Louisville City Railway Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1868
3Cited by8 opinions
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1906
- Owens v. Georgia Life InsuranceCourt of Appeals of Kentucky · 1915
- City of Baker v. Montana Petroleum Co.Montana Supreme Court · 1935
- City of Louisville v. Louisville Railway Co.Court of Appeals of Kentucky · 1904
- Inhabitants of Milford v. Bangor Railway & Electric Co.Supreme Judicial Court of Maine · 1908
3 more not listed; retrieve them via the Exa API.