Northwestern Telephone Exchange Co. v. Anderson
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Fisk, J. Action by the Northwestern Telephone Exchange Company against E. B. Anderson and others. Judgment for plaintiff. Defendants appeal. The city authorities cannot bargain away the public right to the use of streets; the power of stich streets is vested in the governing body of the city as a trust for the general public.- Commissioners v. Street, 22 So. Rep. 629; Hibbard v..
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Appeal from District Court, Grand Forks county; Fisk, J. Action by the Northwestern Telephone Exchange Company against E. B. Anderson and others. Judgment for plaintiff. Defendants appeal. The city authorities cannot bargain away the public right to the use of streets; the power of stich streets is vested in the governing body of the city as a trust for the general public.- Commissioners v. Street, 22 So. Rep. 629; Hibbard v.. City of Chicago, 50 N. E. Rep. 256; Snyder v. City of Mt. Pulaski, 52 N. E. Rep. 62. If plaintiff has contract rights, it took them subject to the authority of the city…
1Opinion of the CourtMorgan, J.
This action is brought to recover damages alleged to have been caused to plaintiffs property by the defendants while moving a house through and upon the streets of the city of Grand Forks. The complaint alleges the incorporation of the plaintiff company under the laws of the state of Minnesota, doing business as a telephone company in said state and in the state of North Dakota by legal authority; that in August, 1890, the city of Grand Forks, under statutory authority, passed an ordinance, which was duly approved by the mayor, and published as provided by law, granting the plaintiff company…
2Cases cited15 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Northwestern Telephone Exchange Co. v. City of MinneapolisSupreme Court of Minnesota · 1900
- Donovan v. AllertNorth Dakota Supreme Court · 1902
- Townsend, Grace & Co. v. EpsteinCourt of Appeals of Maryland · 1901
- Eureka City v. WilsonUtah Supreme Court · 1897
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- City of Mitchell v. Dakota Central Telephone Co.South Dakota Supreme Court · 1910
- Blackburn v. Southwest Missouri RailroadMissouri Court of Appeals · 1914
- Jonmil, Inc. v. McMertyNorth Dakota Supreme Court · 1978
- Yellowstone Valley Electric Cooperative, Inc. v. OstermillerMontana Supreme Court · 1980
5 more not listed; retrieve them via the Exa API.