Roanoke Gas Co. v. City of Roanoke
Supreme Court of Virginia
Appeal from decree of corporation court of city of Roanoke, rendered November 12th, 1888, in a cause wherein the Roanoke Gas Company (the appellant here) was complainant, and the city of Roanoke was defendant.
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Appeal from decree of corporation court of city of Roanoke, rendered November 12th, 1888, in a cause wherein the Roanoke Gas Company (the appellant here) was complainant, and the city of Roanoke was defendant. The appellant, a' corporation chartered under the laws of this commonwealth, for a- valuable consideration, acquired from said city the privilege to use its streets for the purpose of laying gas-pipes, and, at its own expense, built its gas-works, laid its pipes and entered into contracts with third parties to furnish them gas for domestic and other purposes, and, among others, laid its…
1Opinion of the Court
Etchardson, •!.,
delivered the opinion of the court.
The one practical and far-reaching question to be solved in this case is whether there is any power in the courts to interfere with or restrain a municipal corporation from exercising, in a proper way, the powers legitimately conferred upon it by its charter or by law. In that work of superior merit, the Amer. and Eng. Encyc. of Law, Vol. XV, pp. 1012, 1043, it is said: “The general legislative power residing'in the state government may delegate to a municipal corporation some portion of its own powers which are held in subordination to the…
2Cases cited5 opinions
- Rorer Iron Co. v. TroutSupreme Court of Virginia · 1887
- Shenandoah Valley R. R. v. DunlopSupreme Court of Virginia · 1889
- Matter of Petition of DeeringNew York Court of Appeals · 1883
- Richmond, Fred'g & Pot. R. R. v. City of RichmondSupreme Court of Virginia · 1875
- Davenport & Morris v. Richmond CitySupreme Court of Virginia · 1886
3Cited by23 opinions
- Wabash Railroad v. DefianceSupreme Court of the United States · 1897
- Bowers v. City of TaylorTexas Commission of Appeals · 1929
- City of Lynchburg v. PetersSupreme Court of Virginia · 1926
- Vanderhurst v. TholckeCalifornia Supreme Court · 1896
- Polglaise v. CommonwealthSupreme Court of Virginia · 1913
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