McLendon v. Boyles Transit Co.

The question in this case is that of consent of the city commissioners of Birmingham to traverse and use the streets of that city in the operation of the “private enterprise” shown by pleadings and proof, without first obtaining the consent of the proper authorities of the city within the provisions of section 220 of the Constitution 1901, as construed by this court. City of Montgomery v. Orpheum Taxi Co., 203 Ala. 103, 82 South. 117; Ex parte Ashworth, 204 Ala. 391, 86 South. 84; Harris v. Barrett, 206 Ala. 263, 89 South. 717; Giglio v. Barrett, 207 Ala. 278, 283, 92 South. 668; Cloe, Com’r…