Legal Opinion

City of San Francisco v. United Railroads

Court of Appeals for the Ninth Circuit

Decided October 2, 1911No. 1,922PublishedCited by 8 opinions

Appeal from the Circuit Court of the United States for the Northern District of California. Suit by the United Railroads of San Francisco against the City and County of San Francisco and others. Decree for complainant, and defendants appeal.

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Appeal from the Circuit Court of the United States for the Northern District of California. Suit by the United Railroads of San Francisco against the City and County of San Francisco and others. Decree for complainant, and defendants appeal. The appeal in this case is taken from an order of the Circuit Court granting a temporary injunction restraining the appellants, pending the suit or until the further order of the court, from building, constructing, or operating a street railroad in San Francisco over and along .“Market street from East street to Geary street, a distance of seven blocks,”…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). The question arises whether there is jurisdiction on the ground that the bill presents a federal question. As sustaining the jurisdiction, the appellee relies on the allegation that section 499 of the Civil Code entered into and became a part of its contract, and that the ordinances adopted by the city with a view to the construction of a municipal railroad and its acts in carrying out those ordinances would result in an impairment of the appellee’s contract as expressed in its franchises. Referring to those franchises, which are made exhibits to the bill,…

2Cases cited6 opinions

  1. City of Dawson v. Columbia Avenue Saving Fund, Safe Deposit, Title & Trust Co.Supreme Court of the United States · 1905
  2. Hamilton Gas Light & Coke Co. v. Hamilton CitySupreme Court of the United States · 1892
  3. Barney v. City of New YorkSupreme Court of the United States · 1904
  4. City of Memphis v. Cumberland Telephone & Telegraph Co.Supreme Court of the United States · 1910
  5. Seattle Electric Co. v. Seattle, R. & S. Ry. Co.Court of Appeals for the Ninth Circuit · 1911

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

3Cited by8 opinions

  1. City of Dayton, Ohio v. City Ry. Co.Court of Appeals for the Sixth Circuit · 1926
  2. Carolina & N. W. Ry. Co. v. Town of LincolntonCourt of Appeals for the Fourth Circuit · 1929
  3. East St. Louis Ry. Co. v. City of East St. LouisDistrict Court, E.D. Illinois · 1926
  4. Portland Ry., Light & Power Co. v. City of PortlandDistrict Court, D. Oregon · 1912
  5. Lynchburg Traction & Light Co. v. City of LynchburgCourt of Appeals for the Fourth Circuit · 1927

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

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