City of Clinton v. Cedar Rapids & Missouri River Railroad
Supreme Court of Iowa
Appeal from Clinton District Court. Municipal corporations : power oyer streets, etc. : right oe way act, etc. — Tbis suit is brought by the city of Clinton in its corporate capacity.
Read the full summary
Appeal from Clinton District Court. Municipal corporations : power oyer streets, etc. : right oe way act, etc. — Tbis suit is brought by the city of Clinton in its corporate capacity. The petition, filed in 1867, alleges the incorporation of the city of Clinton by an act of the General Assembly, approved January 26, 1857; refers to the powers given to the city by the incoporating act over its streets and highways, and alleges that it has refused to grant the defendant’s application to construct its road through its streets. It further alleges that the defendant, in 1864, attempted to build…
1Opinion of the Court
Dillon, Ch. J.
1. Railkoad: legislative authority. The city of Clinton asks for the injunction upon substantially two main grounds: • tat i • & 1. Ihat the defendant, by its articles of incorporation, is not authorized to build the proposed road from Lyons city to Clinton city; but only to build a road from Cedar Rapids westward to the Missouri river. 2. The common council of the city of Clinton having refused to give its consent'to allow any of the streets of the city, or any portion of such streets, to be used by the defendant for the purpose of building its road thereon, the railroad…
2Cases cited7 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- The People v. . KerrNew York Court of Appeals · 1863
- People v. MorrisNew York Supreme Court · 1835
- Wager v. . Troy Union Railroad CompanyNew York Court of Appeals · 1862
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Atkin v. KansasSupreme Court of the United States · 1903
- Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
- Mike Allmand v. Jon PavleticTennessee Supreme Court · 2009
- Town of Winchester v. CoxSupreme Court of Connecticut · 1942
- City and County of Denver v. StateSupreme Court of Colorado · 1990
89 more not listed; retrieve them via the Exa API.