City of Red Wing v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Goodhue county. The complaint alleged, among other things, that April 30, 1886, the city council of plaintiff city adopted an ordinance which included the following provisions, viz.: Sec. 2. “Whenever so required by resolution of the city council of said citjq it shall be the duty of every railroad company whose track crosses any street or road within the city limits to keep and employ a flagman at such particular street or road crossing as…
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Action in the district court for Goodhue county. The complaint alleged, among other things, that April 30, 1886, the city council of plaintiff city adopted an ordinance which included the following provisions, viz.: Sec. 2. “Whenever so required by resolution of the city council of said citjq it shall be the duty of every railroad company whose track crosses any street or road within the city limits to keep and employ a flagman at such particular street or road crossing as the city council may direct, and such flagman shall give the necessary warning of the approach of all' locomotives,…
1Opinion of the CourtCollins, J.
Counsel for the appellant city insists that the city council had the power to enact the ordinance under which this action was brought, because (1) such power was expressly conferred in the “general welfare” clause; (2) because of the implied power granted by the charter; (3) because of the police power of the city over the streets; and (4) because the ordinance had been expressly legalized by the legislature.
1. It is admitted that no express authority to adopt an ordinance compelling- defendant railway company to station a flagman at street crossings is to be found in the charter in force at…
2Cases cited2 opinions
- City of St. Paul v. TraegerSupreme Court of Minnesota · 1878
- Green v. Eastern Railway Co.Supreme Court of Minnesota · 1892
3Cited by8 opinions
- State v. SugarmanSupreme Court of Minnesota · 1914
- City of St. Paul v. RobinsonSupreme Court of Minnesota · 1915
- City of Virginia v. EricksonSupreme Court of Minnesota · 1918
- Betcher v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- Medcalf v. St. Paul City Railway Co.Supreme Court of Minnesota · 1900
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