City of San José v. San José & Santa Clara R.R.
California Supreme Court
Appeal from the District Court of the Twentieth Judicial District, County of Santa Clara. Action to recover an amount alleged to be due for street car license, under an ordinance referred to in the complaint as follows: “ That on the 4tli day of October, A. D. 1875, the Mayor and Common Council of the City of San J osé passed and approved an ordinance entitled “ An Ordinance concerning Street Eailroads and Street Cars,” which said ordinance is in the words and figures…
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Appeal from the District Court of the Twentieth Judicial District, County of Santa Clara. Action to recover an amount alleged to be due for street car license, under an ordinance referred to in the complaint as follows: “ That on the 4tli day of October, A. D. 1875, the Mayor and Common Council of the City of San J osé passed and approved an ordinance entitled “ An Ordinance concerning Street Eailroads and Street Cars,” which said ordinance is in the words and figures following, to wit: ORDINANCE CONCERNING- STREET RAILROADS AND STREET CARS. “ Be it ordained by the Mayor and Common Council of…
1Opinion of the Court
By the Court, Crockett, J.:
The franchise granted by the Act of March 24th, 1868, to Bishop and his associates, to construct a railroad track along and through certain streets of the City of San José, and to run cars thereon, is not a contract in such sense as to exempt the business or occupation of operating the road from all proper police regulations, or from taxation in the same manner as other occupations may'be taxed, under legislative authority. ( Cooley on Taxation, 385-86; Frankford etc. R. R. Co. v. Philadelphia, 58 Pa. St. 119; Johnson v. Philadelphia, 60 Pa. St. 445.)
The charter of…
2Cases cited4 opinions
- People v. ColemanCalifornia Supreme Court · 1854
- Ex Parte FrankCalifornia Supreme Court · 1878
- City of Sacramento v. California Stage Co.California Supreme Court · 1859
- Ex Parte HurlCalifornia Supreme Court · 1875
3Cited by19 opinions
- Roth Drug, Inc. v. JohnsonCalifornia Court of Appeal · 1936
- Ex Parte BraunCalifornia Supreme Court · 1903
- Ainsworth v. BryantCalifornia Supreme Court · 1949
- People v. ColemanCalifornia Supreme Court · 1854
- In Re NowakCalifornia Supreme Court · 1921
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