City of Lake Charles v. Lake Charles Ry., Light & Waterworks Co.
Supreme Court of Louisiana
Suit by the City of Lake Charles against the Lake Charles Railway, Light & Waterworks Company. After an order dissolving an injunction on bond, the City applies for mandamus to compel granting of a suspensive appeal.
1Opinion of the CourtO’Niell, J.
This proceeding is to compel by mandamus the granting of a suspensive appeal from an order dissolving an injunction on bond.
The act prohibited by the injunction was the charging of a higher fare on street cars than the rate fixed by municipal ordinance. It is alleged in the petition and admitted in the answer to the rule that the defendant increased the fare and was charging each passenger 7 cents, notwithstanding the commission council of the city had adopted an ordinance fixing the fare at 5 cents. The contention of the defendant was and is that the municipality was witnout legislative…
2Cases cited5 opinions
- Hayne v. AssessorSupreme Court of Louisiana · 1917
- State v. CrozierSupreme Court of Louisiana · 1898
- City of Gretna v. BaileySupreme Court of Louisiana · 1917
- Mayor of Carrollton v. Board of Metropolitan PoliceSupreme Court of Louisiana · 1869
- Town of Donaldsonville v. Police Jury of Ascension ParishSupreme Court of Louisiana · 1904
3Cited by27 opinions
- Terrebonne Parish Police Jury v. MatherneSupreme Court of Louisiana · 1981
- Greenberg v. BurglassSupreme Court of Louisiana · 1969
- Plaquemines Parish Com'n Council v. PerezSupreme Court of Louisiana · 1980
- Amacker v. AmackerLouisiana Court of Appeal · 1962
- Melancon v. Assumption Parish Police JuryLouisiana Court of Appeal · 1970
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