Cleveland City Ry. Co. v. City of Cleveland
U.S. Circuit Court for the District of Northern Ohio
These are suits in equity by the Cleveland City Railway Company and the Cleveland Electric Railway Company, respectively, against the city of Cleveland, to enjoin the enforcement of an ordinance reducing rates of fare on portions of complainants’ lines, on the ground of its unconstitutionality. Heard on application for preliminary injunction.
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These are suits in equity by the Cleveland City Railway Company and the Cleveland Electric Railway Company, respectively, against the city of Cleveland, to enjoin the enforcement of an ordinance reducing rates of fare on portions of complainants’ lines, on the ground of its unconstitutionality. Heard on application for preliminary injunction. The complainants have instituted this suit to seek relief through a decree declaring void certain ordinances passed by the city of Cleveland in October, 1898, known as “Low Fare Ordinances.” By the provisions of these two ordinances, the city undertakes…
1Opinion of the CourtBigks, District Judge
(after stating the facts). The constitution of Ohio has empowered the legislature to confer upon the city of Cleveland the authority to operate lines of railway through its streets. Acting under this delegated power, as expressed in the Revised Statutes (section 2501 et seq., and section 3437 et seq.), the city council, from time to time, has made grants to the street railroads, conferring privileges upon them, and at the same time prescribing the terms and conditions under which such lines should be located and operated. Among the powers so vested in the city was the right *395to prescribo the…
2Cases cited13 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Chicago v. SheldonSupreme Court of the United States · 1870
- United States v. ClaflinSupreme Court of the United States · 1878
- City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
- New Orleans Water-Works Co. v. RiversSupreme Court of the United States · 1885
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3Cited by3 opinions
- Cleveland Police Patrolmen's Ass'n v. City of ClevelandOhio Court of Appeals · 1994
- Buck v. Indiana Construction Co.Indiana Court of Appeals · 1923
- Wilson v. GibbsSupreme Court of Iowa · 1916