State ex rel. City of Vincennes v. Vincennes Traction Co.
Indiana Supreme Court
From Daviess Circuit Court; James W. Ogden, Judge. Action of mandamus by the State of Indiana, on relation of the city of Vincennes, against the Vincennes Traction Company. From a judgment for the defendant, the relator appeals.
1Opinion of the CourtSpencer, C. J.
*2931. 2. 3. *2944 *292. Action by the relator to compel appellee to pave a part of one of the public streets in the city of Vincennes. In disposing of the first question presented by this appeal from a judgment for the defendant on its demurrer to the complaint, we are required to determine ■ whether a public utility may be *293compelled through an action in mandamus to comply with the terms of the ordinance granting it a franchise. As applied more particularly to the facts in issue, appellee contends that an ordinance granting a franchise to operate a street car system over and along the streets of a…
2Cases cited18 opinions
- People ex rel. Jackson v. Suburban RailroadIllinois Supreme Court · 1899
- Western Paving & Supply Co. v. Citizens' Street RailroadIndiana Supreme Court · 1891
- State ex rel. Worrell v. CarrIndiana Supreme Court · 1891
- State ex rel. Goodwine v. CadwalladerIndiana Supreme Court · 1909
- Vandalia Railroad v. State ex rel. City of South BendIndiana Supreme Court · 1906
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3Cited by2 opinions
- Washington ex rel. City of Seattle v. Pacific Telephone & Telegraph Co.District Court, W.D. Washington · 1924
- State v. Indiana RailroadIndiana Supreme Court · 1936