Oklahoma City v. Oklahoma Ry. Co.
Supreme Court of Oklahoma
Application by tlie city of Oklahoma City for writ of mandamus to the Oklahoma Railway Company, compelling performance of public service in accordance with terms of street railway franchise. .The relator is a municipal corporation and a city of the first class under the laws of the state of Oklahoma, and has been since the 1st day of January, A. D. 1902. On the 30th day of January, 1902, the mayor and council of said city duly passed an ordinance authorizing the Metropolitan…
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Application by tlie city of Oklahoma City for writ of mandamus to the Oklahoma Railway Company, compelling performance of public service in accordance with terms of street railway franchise. .The relator is a municipal corporation and a city of the first class under the laws of the state of Oklahoma, and has been since the 1st day of January, A. D. 1902. On the 30th day of January, 1902, the mayor and council of said city duly passed an ordinance authorizing the Metropolitan Street Railway Company, among other things, to build and construct a system of electric street railways over and along…
1Opinion of the Court
Williams, C. J.:
(after stating the facts as above). “When there is a grant and acceptance of a public franchise which involves the performance of a certain service, the person or corporation acepting such franchise can by mandamus be compelled to perform such service.” Merrill on Mandamus, §■ 27.
Section 13 of article 9 of the Constitution of the state of Oklahoma reads as follows:
“No railroad or transportation company, or transmission company shall, directly or indirectly, issue or give any free frank or free ticket, free pass or other free transportation, for any use, within this state,…
2Cases cited5 opinions
- People v. . RathboneNew York Court of Appeals · 1895
- Smith v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- Curry v. Kansas & Colorado Pacific Railway Co.Supreme Court of Kansas · 1897
- Atchison, Topeka & Santa Fe Railroad v. Board of County CommissionersSupreme Court of Kansas · 1897
- Dempsey v. New York Central & Hudson River RailroadNew York Court of Appeals · 1895
3Cited by14 opinions
- Fretz v. City of EdmondSupreme Court of Oklahoma · 1916
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- City Nat. Bank of Fort Smith v. Incorporated Town of KiowaSupreme Court of Oklahoma · 1924
- Newman v. KirkSupreme Court of Oklahoma · 1933
- Guthrie Gas, Light, Fuel & Improvement Co. v. Board of EducationSupreme Court of Oklahoma · 1917
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