City of South Bend v. Chicago, South Bend & Northern Indiana Railway Co.
Indiana Supreme Court
From St. Joseph, Superior Court; Vernon W. Van Fleet, Judge. Action by the City of South Bend against the Chicago-, South Bend and Northern Indiana Railway Company. From a judgment for defendant, the plaintiff appeals.
1Opinion of the CourtMorris, J.
Action by appellant, against appellee, for a violation of a city ordinance which required companies operating street car lines in the city, to sprinkle the space between their tracks, so as to effectually lay dust. The question presented is the power of the city to enact the ordinance ; if it had such power the judgment should be reversed; if not, it must be affirmed.
A city’s charter measures its powers, and these consist of such as are expressly, or impliedly, granted by the legislature to the municipality. It is not claimed by appellant that there is any express grant of such power, but,…
2Cases cited7 opinions
- City of Chicago v. M. & M. Hotel Co.Illinois Supreme Court · 1910
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Town of Crown PointIndiana Supreme Court · 1896
- Scott v. City of LaporteIndiana Supreme Court · 1903
- Bogue v. BennettIndiana Supreme Court · 1901
- State ex rel. City of Indianapolis v. Indianapolis Union Railway Co.Indiana Supreme Court · 1903
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3Cited by12 opinions
- City of Logansport v. Public Service CommissionIndiana Supreme Court · 1931
- Van Eaton v. Town of SidneySupreme Court of Iowa · 1930
- Local Union No. 26, National Brotherhood of Operative Potters v. City of KokomoIndiana Supreme Court · 1937
- Southern Railway Company v. HarpeIndiana Supreme Court · 1944
- Kole v. FAULTLESSIndiana Supreme Court · 2012
7 more not listed; retrieve them via the Exa API.