Legal Opinion

Pegg v. City of Columbus

Ohio Supreme Court

Decided June 8, 1909No. 10786Published

Error to the Circuit Court of Franklin county. On the 20th day of October, 1906, the plaintiffs in error, fifteen in number, commenced a civil action in the court of common pleas of Franklin county, against the city of Columbus, its mayor, city auditor and city treasurer, to enjoin the enforcement, as against the plaintiffs, of a certain ordinance passed by the council of said city on March 20, 1905, entitled : “An ordinance to license and regulate the use of the streets of…

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Error to the Circuit Court of Franklin county. On the 20th day of October, 1906, the plaintiffs in error, fifteen in number, commenced a civil action in the court of common pleas of Franklin county, against the city of Columbus, its mayor, city auditor and city treasurer, to enjoin the enforcement, as against the plaintiffs, of a certain ordinance passed by the council of said city on March 20, 1905, entitled : “An ordinance to license and regulate the use of the streets of the city of Columbus, State of Ohio, by persons who use vehicles thereon and to repeal certain ordinances therein…

1Opinion of the CourtPrice, J.

The city of Columbus and its executive officers rely on Subdivision nine (9) of Section 1536-100, Revised Statutes, as authority for the passage of the ordinance involved in this proceeding. That subdivision reads:

“9. To regulate the use of' carts, drays, wagons, hackney coaches, omnibuses, automobiles and every description of carriages kept for hire or livery stable purposes; and to license and regulate the use of the streets by persons who use vehicles, or solicit or transact business thereon; to prevent and punish fast driving or riding of animals, or fast driving or propelling of vehicles…

2Cases cited8 opinions

  1. City of Chicago v. CollinsIllinois Supreme Court · 1898
  2. City of St. Charles v. NolleSupreme Court of Missouri · 1872
  3. Tomlinson v. City of IndianapolisIndiana Supreme Court · 1896
  4. Farwell v. City of ChicagoIllinois Supreme Court · 1874
  5. Joyce v. City of East St. LouisIllinois Supreme Court · 1875

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