City of Sioux Falls v. Sioux Falls Traction System

Defendant operates a street railway in the city of Sioux Falls. Its franchise 'depends on Ordinance No. 392 of said city. Section 7 of such ordinance provides that, whenever a street where tracks are laid is ordered paved, defendant shall pave at its own expense that portion of the street between the rails and one foot on outer side of each rail with the same material used for paving the remainder of the street, with brick toothing next to the rails. In July, 1923, the city council by resolution ordered a section of Van Eps street paved with Portland cement concrete paving. This section of…