Eichels v. Evansville Street Railway Co.

The questions which this record presents are thus stated by the appellants’ counsel :

“1. Can a municipal corporation, by ordinance, authorize street railway companies to incumber its streets by laying and maintaining railroad tracks therein without express authority therefor by the Legislature?

“ 2. Has the corporation appellee obtained the necessary legislative sanction to authorize the laying down and maintenance of its track in the streets of the city of Evansville ?

“3. Can a street railway company, even with the proper legislative sanction, lay down and maintain its track in Second street,…