City of Potwin Place v. Topeka Railway Co.
Supreme Court of Kansas
Original Proceeding in Mandamus. The City of Potwin Place, a city of the third class, brings this action against the Topeka Railway Company to compel it to operate its line of street railway in the city of Potwin Place, which it acquired by purchase from the Topeka Rapid Transit Railway Company by deed dated April 5, 1892. The line in question was constructed by the Topeka Rapid Transit Railway Company under ordinance number 25, passed by the mayor and couneilmen of the city…
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Original Proceeding in Mandamus. The City of Potwin Place, a city of the third class, brings this action against the Topeka Railway Company to compel it to operate its line of street railway in the city of Potwin Place, which it acquired by purchase from the Topeka Rapid Transit Railway Company by deed dated April 5, 1892. The line in question was constructed by the Topeka Rapid Transit Railway Company under ordinance number 25, passed by the mayor and couneilmen of the city of Potwin Place on May 10, 1889, by which the last-named company was granted the right to construct and operate a road…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
Various questions are discussed in the briefs which it will be unnecessary for us to consider at length, because the defendant company asserts that it desires to operate a line of road through the city of Potwin Place, but it objects to operating the line already constructed, because it claims that a better route could be selected both for the company and for the people of Potwin Place. The defendant claims that it desires, and has asked the passage of, an ordinance which will permit it to operate a line of road on a different route through…
2Cases cited8 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- Morgan v. LouisianaSupreme Court of the United States · 1876
- State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
- Sioux City Street Railway Co. v. Sioux CitySupreme Court of the United States · 1891
- Indianapolis & Cincinnati Railroad v. State ex rel. City of LawrenceburgIndiana Supreme Court · 1871
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3Cited by33 opinions
- People ex rel. Jackson v. Suburban RailroadIllinois Supreme Court · 1899
- State ex rel. Grinsfelder v. Spokane Street-Railway Co.Washington Supreme Court · 1898
- State Ex Rel. Daniel v. Broad River Power Co.Supreme Court of South Carolina · 1929
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Board of Education v. PowersSupreme Court of Kansas · 1935
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