Kansas City Cable Railway Co. v. City of Kansas
Missouri Court of Appeals
Appeal from Jackson Circuit Court, IIon. James II. Sloyer, Judge. The case is stated, in the opinion. I. The ordinance complained of. violates the contract between plaintiff and defendant in section 5, ordinance 24,154, that “ all alterations or amendments be general and-binding on all other street railways in the city and those owning and operating the same, whether corporation or natural person.” Const.
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Appeal from Jackson Circuit Court, IIon. James II. Sloyer, Judge. The case is stated, in the opinion. I. The ordinance complained of. violates the contract between plaintiff and defendant in section 5, ordinance 24,154, that “ all alterations or amendments be general and-binding on all other street railways in the city and those owning and operating the same, whether corporation or natural person.” Const. Mo., art. 2, sec. 15 ; State v. Miller, 66 Mo. 342. In Cooley’s Constitutional Limitations, page 677, section 577, the author uses this language: “The regulations must have reference to the…
1Opinion of the CourtPhilips, P. J.
This is a proceeding by injunction to restrain the defendants from enforcing against the plaintiff a certain ordinance of the defendant city. The-substance of the petition is, that the City of Kansas is. a municipal corporation under the laws of the state, and the defendant, Henry C. Kumpf, is the mayor, and the defendant, Thomas M. Speers, is the chief of police, of said city; and that the plaintiff is a railroad corporation, under the laws of the state, for the purpose of constructing and operating endless cable-line railways, in said city; and that it has constructed and is operating such…
2Cases cited15 opinions
- Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
- West v. Mayor of New-YorkNew York Court of Chancery · 1844
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- Third Ave. R.R. Co. v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1873
- Wood v. City of BrooklynNew York Supreme Court · 1852
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3Cited by9 opinions
- Coleman v. DaltonMissouri Court of Appeals · 1897
- State ex rel. Senter v. CowellMissouri Court of Appeals · 1907
- Torlotting v. TorlottingMissouri Court of Appeals · 1899
- M. Schandler Bottling Co. v. WelchU.S. Circuit Court for the District of Kansas · 1890
- Wirt v. DinanMissouri Court of Appeals · 1890
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