Legal Opinion

Pacific Electric Railway Co. v. Los Angeles

Supreme Court of the United States

Decided April 11, 1904No. 175PublishedCited by 18 opinions

APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA. This is an appeal directly from the ,Circuit Court. The appellant asserts rights under the Constitution of the United States, in that a contract alleged to exist between it and the council of the city of Los Angeles, granting appellant a franchise under the statute hereinafter mentioned, was impaired by the action of the council.

Read the full summary

APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES FOR THE SOUTHERN DISTRICT OF CALIFORNIA. This is an appeal directly from the ,Circuit Court. The appellant asserts rights under the Constitution of the United States, in that a contract alleged to exist between it and the council of the city of Los Angeles, granting appellant a franchise under the statute hereinafter mentioned, was impaired by the action of the council. Also that the property of appellant. was taken without due process of law. By an act of the legislature of the State of California, passed March 11, 1901, (Statutes of…

1Opinion of the CourtJustice McKenna

court.

1. The jurisdictional question first demands consideration. It will be observed that rights under the Fourteenth Amendment of the Constitution of the United States were explicitly asserted. Besides, the Circuit Court treated the bill also as presenting for consideration rights under the contract clause of the Constitution and entertained jurisdiction of the case on the authority of Riverside &c. Ry. v. Riverside, 118 Fed. Rep. 736.

In City Railway Co. v. Citizens’ Railroad Co., 166 U. S. 557, the railroad company occupied certain streets of the city of Indianapolis under ordinances of…

2Cases cited2 opinions

  1. City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
  2. Illinois Central Railroad Company, Appt. v. Wirt AdamsSupreme Court of the United States · 1901

3Cited by18 opinions

  1. Mosher v. City of PhoenixSupreme Court of the United States · 1932
  2. Oklahoma Gas & Electric Co. v. Oklahoma Packing Co.Supreme Court of the United States · 1934
  3. Pure Oil Co. v. Puritan Oil Co.Court of Appeals for the Second Circuit · 1942
  4. Osage Tribe of Indians v. IckesDistrict Court, District of Columbia · 1942
  5. South Covington & Cincinnati Street Railway Co. v. City of NewportSupreme Court of the United States · 1922

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API