Oklahoma City v. Shields
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; J. C. Lowe, Judge. Action by John W. Shields against the city of Oklahoma City. Judgment for plaintiff, and defendant brings error.
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Error from District Court, Oklahoma County; J. C. Lowe, Judge. Action by John W. Shields against the city of Oklahoma City. Judgment for plaintiff, and defendant brings error. On the 20th day of July, A. D., 1908, the plaintiff in error, as defendant, and the defendant in error, as plaintiff, filed in the district court of Oklahoma county an agreed case, in words and figures as follows: “That the plaintiff is the owner of certain lots abutting and fronting upon Western avenue, a street extending north and south in the city of Oklahoma City, state of Oklahoma, and between the north line of…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). The first question presented for our consideration is whether or not the court erred,in holding that the contract entered into between the defendant and the plaintiff, by ordinance duly passed by the defendant municipality on February 8, 1902', and thereafter in due time accepted by the street railway company, exempted said company from complying Avith the provisions of the act of the Legislature of April 17, 1908 (Acts 1908, p. 166, c. 10, § 1). Said act provides:
“That all the street railway companies operating within the said city shall be required to…
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