City of Newport v. Newport & Cincinnati Bridge Co.
Court of Appeals of Kentucky
Case 32 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. Appellee’s device of issuing five coupons, good for twenty crossings each, is not a compliance with the ordinance requiring it to deliver “packages of one hundred tickets to foot passengers for one dollar to all persons who apply for the same.” 2.Appellant has the right to prosecute the agents of appellee who refuse to comply with the ordinance. 1. Injunction is the proper remedy.
Read the full summary
Case 32 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. Appellee’s device of issuing five coupons, good for twenty crossings each, is not a compliance with the ordinance requiring it to deliver “packages of one hundred tickets to foot passengers for one dollar to all persons who apply for the same.” 2.Appellant has the right to prosecute the agents of appellee who refuse to comply with the ordinance. 1. Injunction is the proper remedy. (Brown v. Trustees, 11 Bush, 435; High on Injunctions, sec. 1247; Port of Mobile v. L. & N. R. Co., 4 South. Rep., 106.) 2. The contract of a…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the, court.
The appellee, the Newport and Cincinnati Bridge Company, was incorporated in 1868. Its charter authorized it to charge reasonable tolls, the maximum rate, however, not to exceed that charged by the Covington and Cincinnati Bridge Company.
Desiring the use of a portion of one of the streets of the appellant, the city of Newport, for the purpose of constructing its bridge or the approach to it, the city council, on May 12, 1868, passed “an ordinance granting the Newport a.nd Cincinnati Bridge Company the use of a portion of a street for the purpose…
2Cases cited1 opinion
- Brown v. Trustees of CatlettsburgCourt of Appeals of Kentucky · 1875
3Cited by16 opinions
- Boyd v. Board of CouncilCourt of Appeals of Kentucky · 1903
- Cassinelli v. StacyCourt of Appeals of Kentucky (pre-1976) · 1931
- Hays v. City of Poplar BluffSupreme Court of Missouri · 1915
- Dibrell v. City of ColemanCourt of Appeals of Texas · 1914
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
11 more not listed; retrieve them via the Exa API.