City of Duluth v. Duluth Street-Railway Co.
Supreme Court of Minnesota
Action by the village of Dulnth to recover certain sums under the provisions of a village ordinance which had been accepted by the defendant. After consolidation with the village, the city of Duluth was substituted as plaintiff. The first cause of action stated was for the amount paid for extra work of paving a certain street, on account of the tracks and rails of the defendant. The second cause of action is stated in the opinion.
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Action by the village of Dulnth to recover certain sums under the provisions of a village ordinance which had been accepted by the defendant. After consolidation with the village, the city of Duluth was substituted as plaintiff. The first cause of action stated was for the amount paid for extra work of paving a certain street, on account of the tracks and rails of the defendant. The second cause of action is stated in the opinion. The third cause of action was for the amount of the annual license fee prescribed by the ordinance. ■The answer set up the franchise act mentioned in the opinion,…
1Opinion of the CourtMitchell, J.
■ The questions presented by this appeal are (1) the validity and construction of defendant’s franchise act (Sp. Laws 1881, Ex. Sess., c. 200), entitled “An act confirming certain rights upon the Duluth Street-Railway Company”; and (2) the construction of the West Duluth Ordinance No. 38, entitled “An ordinance granting to the Duluth Street-Railway Company the right to construct, maintain, and operate street railways in the village of West Duluth,” approved July lá, 1891.
1. Plaintiff’s contention is that the so-called “franchise act” is invalid, because in violation of the constitutional…
2Cited by13 opinions
- State v. KyleSupreme Court of Missouri · 1901
- State ex rel. Mathews v. HoudersheldtSupreme Court of Minnesota · 1922
- Reade v. . DurhamSupreme Court of North Carolina · 1917
- State ex rel. Village of Excelsior v. District CourtSupreme Court of Minnesota · 1909
- Reade v. City of DurhamSupreme Court of North Carolina · 1917
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