City of Toledo v. Toledo Rys. & Light Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Northern District of Ohio; John M. Killits, Judge. Suit by Doherty & Co. against the Toledo Railways & Right Company and the City of Toledo. The City appeals from an order granting a preliminary injunction on a cross-bill by the Railways Company.
Read the full summary
Appeal from the District Court of the United States for the Western Division of the Northern District of Ohio; John M. Killits, Judge. Suit by Doherty & Co. against the Toledo Railways & Right Company and the City of Toledo. The City appeals from an order granting a preliminary injunction on a cross-bill by the Railways Company. The city of Toledo appeals from an order for temporary injunction which restrained it from certain interference with the street railway system operating in that city. The city’s complaints are reducible to three; First, that there was no reasonable cause to anticipate…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] 1. Upon this record, and in this court, the city does not undertake to dispute the claim of the company that any rates of fare, less than the proposed new schedule, would have been confiscatory, and, if enforced against the company, would have been a taking of its property without justification and would violate its constitutional rights. One of the assignments of error challenges this claim, but it is not argued. Moreover, the city took no proof on this issue and contented itself in the court below with criticisms upon the sufficiency of the company’s…
2Cases cited21 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
- City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
16 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Monroe Gaslight & Fuel Co. v. Michigan Public Utilities CommissionDistrict Court, E.D. Michigan · 1923
- Village of Lapwai v. AlligierIdaho Supreme Court · 1949
- City of Louisville v. Louisville Home Telephone Co.Court of Appeals for the Sixth Circuit · 1922
- Quinlivan v. Dail-Overland Co.Court of Appeals for the Sixth Circuit · 1921
- Benedict v. SeiberlingDistrict Court, N.D. Ohio · 1927
13 more not listed; retrieve them via the Exa API.