Legal Opinion

Ogden City Railway Co. v. Ogden City

Utah Supreme Court

Decided January 15, 1891PublishedCited by 6 opinions

Appeal from a judgment upon demurrer of the district court of the first judicial district. The complaint alleged the grant to the Ogden City Railway Co., made August 7, 1883, which was exclusive, and the acceptance and performance of the conditions thereof by the grantee, that the plaintiff had acted on the grant, and expended large sums of money, issued bonds, and built its tracks, etc.; that “plaintiff owns a valuable tract of land on Washington avenue, and pays taxes on a…

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Appeal from a judgment upon demurrer of the district court of the first judicial district. The complaint alleged the grant to the Ogden City Railway Co., made August 7, 1883, which was exclusive, and the acceptance and performance of the conditions thereof by the grantee, that the plaintiff had acted on the grant, and expended large sums of money, issued bonds, and built its tracks, etc.; that “plaintiff owns a valuable tract of land on Washington avenue, and pays taxes on a large amount of real estate and personalty; that said Twenty-fifth street, from the depot to the junction with…

1Opinion of the Court

ZaNE, C. J.:

The complaint filed in the court below in this case, among other things, alleged that on August 7, 1883, the city council of Ogden City adopted an ordinance grant- , ing to the plaintiff permission to lay down a double-tracked street railway on Twenty-fifth street and Washington avenue, and that in June, 1890, the city, upon certain conditions named in the ordinance, gave the defendants permission to construct a double-track railway on the same streets, to be operated by electricity; that these are the main business streets of the city; that the plaintiff had constructed on them a…

2Cited by6 opinions

  1. Block v. Salt Lake Rapid Transit Co.Utah Supreme Court · 1893
  2. La Crosse City Railway Co. v. HigbeeWisconsin Supreme Court · 1900
  3. Birmingham Traction Co. v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1898
  4. Cereghino v. Oregon Short Line RailroadUtah Supreme Court · 1903
  5. Newport News & Old Point Railway & Electric Co. v. Hampton Roads Railway & Electric Co.Supreme Court of Virginia · 1904

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