Little Rock v. Fitzgerald
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Wilbur F. Hill, Special Judge. STATEMENT BY THE COURT. The act of March 21, 1885, provides, sec. 3: “That, in order to better provide for the public welfare, safety, comfort and convenience of their inhabitants, the following enlarged and additional powers are hereby conferred upon cities of the first class, viz : First.
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Appeal from Pulaski Circuit Court. Wilbur F. Hill, Special Judge. STATEMENT BY THE COURT. The act of March 21, 1885, provides, sec. 3: “That, in order to better provide for the public welfare, safety, comfort and convenience of their inhabitants, the following enlarged and additional powers are hereby conferred upon cities of the first class, viz : First. To regulate the use of sidewalks, and all structures and excavations thereunder, .and to require the owner or occupant of any premises to keep the sidewalks in front or alongside the same free from obstruction, and to build and maintain…
1Opinion of the Court
Wood, J.,
(after stating the facts.) This court has sustained the act of 1885 as a proper delegation of the police power. James v. Pine Bluff, 49 Ark. 199. Therefore the only question for our consideration is, does the power “to build and maintain suitable pavement or sidewalk'improvements ” confer upon the city the power to require of the abutting owner such excavation as may be necessary to bring the sidewalk to the grade of the remainder of the street? The power to require grading not being granted in express terms, it should not be included by interpretation unless reasonably or…
2Cases cited4 opinions
- McNamara v. EstesSupreme Court of Iowa · 1867
- Burnham v. City of ChicagoIllinois Supreme Court · 1860
- James v. Pine BluffSupreme Court of Arkansas · 1887
- Hillhouse v. City of New HavenSupreme Court of Connecticut · 1892
3Cited by9 opinions
- Pearce v. CouvillonSupreme Court of Louisiana · 1927
- Eickhoff v. Street Improvement District No. 11Supreme Court of Arkansas · 1915
- Leiper v. MinnigSupreme Court of Arkansas · 1905
- Davidson v. Utah Independent Telephone Co.Utah Supreme Court · 1908
- Birchfield v. DiehlSupreme Court of Arkansas · 1916
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