Stockdale v. Rio Grande Western Railway Co.
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Eon. T. Marioneaux, Judge. Action to restrain defendants from operating and using a certain steam railway track in proximity to plaintiffs’ property. Prom a judgment in favor of the plaintiffs, the defendants appealed. STATEMENT OF FACTS.
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Appeal from the Third District Court, Salt Lake County. — Eon. T. Marioneaux, Judge. Action to restrain defendants from operating and using a certain steam railway track in proximity to plaintiffs’ property. Prom a judgment in favor of the plaintiffs, the defendants appealed. STATEMENT OF FACTS. This action was brought to restrain defendants from operating and running cars over a certain steam railway track, known and designated as a spur or switch track, which track is situated to the south of, and in close proximity to, plaintiffs’ premises, upon which there are two dwelling houses…
1Opinion of the CourtMcCARTT, J.
The first question presented by this appeal is, did ■the city council exceed its power by granting to defendant railway company a franchise to construct and operate the switch or spur track in question.? The power of a city council to grant franchises to railroad companies 1 to make a reasonable use of the public streets of the municipality, for the purpose of constructing and operating thereon railroads designed for the use of the public for the transportation of passengers and freight, is so well settled that a discussion of this *207doctrine, which is fundamental, seems unnecessary.…
2Cases cited12 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Forster v. . ScottNew York Court of Appeals · 1893
- Grand Rapids Booming Co. v. JarvisMichigan Supreme Court · 1874
- Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
- Pearsall v. Board of SupervisorsMichigan Supreme Court · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Colman v. Utah State Land BoardUtah Supreme Court · 1990
- Mack Phillips v. Montgomery County, TennesseeTennessee Supreme Court · 2014
- Morrison v. Clackamas CountyOregon Supreme Court · 1933
- Utah Department of Transportation v. Admiral Beverage Corp.Utah Supreme Court · 2011
- State Ex Rel. State Road Commission v. District Court, Fourth Judicial Dist.Utah Supreme Court · 1937
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