Legal Opinion

Baltimore & Ohio Railroad v. Town of Whiting

Indiana Supreme Court

Decided October 6, 1903No. 20,051PublishedCited by 35 opinions

From Lake Circuit Court; W. G. McMahan, Judge. Action by the town of "Whiting against the Baltimore & Ohio Railroad Company. From a judgment of the circuit court affirming a judgment of the town clerk in favor of plaintiff, the defendant appeals.

1Opinion of the CourtMonks, C. J.

— In 1902 the board of trustees of the town of Whiting passed an ordinance regulating the speed of railroad trains within the corporate limits of said town and fixing penalties for its violation. An action was commenced before the clerk of said town by appellee against appellant to collect said penalties for an alleged violation of said ordinance. A trial of said cause resulted in a judgment against appellant. On appeal to the court below, a trial again resulted in a judgment against appellant.

Appellant insists (1) that said ordinance is not valid because “there is no statute authorizing…

2Cases cited33 opinions

  1. State v. GerhardtIndiana Supreme Court · 1896
  2. State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
  3. Santo v. StateSupreme Court of Iowa · 1855
  4. Bright v. McCulloughIndiana Supreme Court · 1866
  5. Waldo v. WallaceIndiana Supreme Court · 1859

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3Cited by35 opinions

  1. Sarlls, City Clerk v. State, Ex Rel.Indiana Supreme Court · 1929
  2. Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
  3. Martin v. Ben Davis Conservancy DistrictIndiana Supreme Court · 1958
  4. Utah State Fair Ass'n v. GreenUtah Supreme Court · 1926
  5. Walker v. City of SpokaneWashington Supreme Court · 1911

30 more not listed; retrieve them via the Exa API.

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