Marshalltown Light, Power & Railway Co. v. City of Marshalltown
Supreme Court of Iowa
Appeals from Marshall District Oourt.— Hon. Obed Cas-well, Judge. The plaintiff prosecuted two appeals to tbe district court from assessments for tbe cost of paving between and outside of its tracks on two different streets, and in each case tbe assessment of tbe city council was sustained.
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Appeals from Marshall District Oourt.— Hon. Obed Cas-well, Judge. The plaintiff prosecuted two appeals to tbe district court from assessments for tbe cost of paving between and outside of its tracks on two different streets, and in each case tbe assessment of tbe city council was sustained. Tbe cases differ only as to tbe description of tbe streets for wbicb tbe assessments were made, and plaintiff’s appeals from tbe action of tbe'district court confirming tbe assessments are submitted together.
1Opinion of the CourtMoClain, J.
In June, 1892, a franchise was granted by tbe city of Marshalltown to A. T. Birchard, bis successors and assigns, to construct an electric street railway in tbe streets of the city. Tbe proposition to grant such a franchise was submitted to and approved by tbe electors of tbe city, and tbe ordinance was duly accepted by said Birchard and his assignee, tbe plaintiff in this action. Tbe ordinance contained tbe following provisions:
Section 8'. Whenever tbe said A. T. Birchard, bis successors and assigns shall make excavations upon tbe streets or alleys in tbe construction of said road, they…
2Cases cited6 opinions
- Sioux City Street Railway Co. v. Sioux CitySupreme Court of the United States · 1891
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- Storrie v. Houston City Street Railway Co.Texas Supreme Court · 1898
- Sioux City Street Railway Co. v. City of Sioux CitySupreme Court of Iowa · 1888
- Sioux City Street Railway Co. v. City of Sioux CitySupreme Court of Iowa · 1889
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- Dickey v. City of BurlingtonSupreme Court of Iowa · 1955
- Dubuque Electric Co. v. City of DubuqueCourt of Appeals for the Eighth Circuit · 1919
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