Oklahoma Railway Co. v. Severns Paving Co.
Supreme Court of the United States
ERROR TO-THE SUPREME COURT OP THE STATE OP OKLAHOMA. The case is stated in the opinion. . (1) That the duty of the company as to paving was fully defined in its franchise from the city, and could not be enlarged without impairing that contract.
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ERROR TO-THE SUPREME COURT OP THE STATE OP OKLAHOMA. The case is stated in the opinion. . (1) That the duty of the company as to paving was fully defined in its franchise from the city, and could not be enlarged without impairing that contract. (2) That the company’s duty in respect of paving, in so far as related to its private right of way, was determined, as a matter of contract, binding- on and not subject to be impaired by the City, by the terms of the dedications by which such right of way and the adjacent street, were granted, as they were afterwards included in the city limits, and…
1Opinion of the CourtJustice McReynolds
In 1909 the owners platted Linwood Place, adjacent to Oklahoma City, for building lots, streets, etc. To procure extension of a street car line therein, they dedicated a strip forty feet in width, lying along the center of what is now known as Linwood Boulevard, to plaintiff in error’s predecessor, “its successors and assigns, .with a like effect as though deeded and conveyed to said company in fee simple by separate deed,” on condition, however, that the property should be subject to reasonable police regulations, that the grantee should construct crossings over the tracks and also put down…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
3Cited by12 opinions
- Choctaw, Oklahoma & Gulf Railroad v. MacKeySupreme Court of the United States · 1921
- Marland v. GillespieSupreme Court of Oklahoma · 1934
- Severns Paving Co. v. Oklahoma CitySupreme Court of Oklahoma · 1932
- First National Bank in Wichita v. Board of Ed.Supreme Court of Oklahoma · 1935
- O'BRIEN v. Phillips Motors Excelsior, Inc.Supreme Court of Minnesota · 1970
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