Helena Light & Railway Co. v. City of Helena
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by the Helena Light and Railway Company against the city of Helena. Decree for defendant, and plaintiff appeals. The intention of the legislature that only the steam railroads of commerce were meant to be covered by subdivision 12 of section 3259, Revised Codes, is clearly shown.
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Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by the Helena Light and Railway Company against the city of Helena. Decree for defendant, and plaintiff appeals. The intention of the legislature that only the steam railroads of commerce were meant to be covered by subdivision 12 of section 3259, Revised Codes, is clearly shown. The use of the term “street railroads” in the succeeding subsections 13 and 66 clearly shows that the legislators recognized the classes of railroads, and when they wanted laws to apply to them, used such words so as to put it beyond…
1Opinion of the CourtChief Justice Brantly
This cause was submitted to the district court upon an agreed statement of facts under the provisions of section 7254, Revised Codes, to have determined the question: “Has the city of Helena the right and power to require the plaintiff, the Helena Light and Railway Company, to light its railway tracks within the corporate limits of said city without cost or expense to the city, and particularly at street intersections ? ’ ’ The court upheld the contention of the city that it has the power and rendered judgment in its favor. The plaintiff has appealed.
The plaintiff is operating its railway…
2Cases cited12 opinions
- NORTHERN PACIFIC RAILWAY COMPANY v. STATE OF MINNESOTA Ex Rel. THE CITY OF DULUTHSupreme Court of the United States · 1908
- Byrne v. Kansas City, Ft. S. & M. R.Court of Appeals for the Sixth Circuit · 1894
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- Funk v. St. Paul City Railway Co.Supreme Court of Minnesota · 1895
- Davenport v. KleinschmidtMontana Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State ex rel. City of Billings v. Billings Gas Co.Montana Supreme Court · 1918
- Thaanum v. Bynum Irrigation DistrictMontana Supreme Court · 1925
- Milligan v. City of Miles CityMontana Supreme Court · 1915
- Shapard v. City of MissoulaMontana Supreme Court · 1914
- State ex rel. Neville v. MullenMontana Supreme Court · 1922
23 more not listed; retrieve them via the Exa API.