Lincoln Street Railway Co. v. City of Lincoln
Nebraska Supreme Court
Emton from the district court for Lancaster county. Tried below before I-Iolmes, J. ¡Sections 70 and 77 of the act of 1887 violate section 7, article 9, of the constitution. Ríale v. Wheeler, 33 Nebr., 503. The right granted by the city to the railway company to use the streets was a contract. The act of 1887 inipan ed the obligation of such contract, and is inimical to the federal constitution. Chicago v.SheldonM Wall. [U.B.], 50; Coast L. R. Co. v. Mayor, 30 Fed.
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Emton from the district court for Lancaster county. Tried below before I-Iolmes, J. ¡Sections 70 and 77 of the act of 1887 violate section 7, article 9, of the constitution. Ríale v. Wheeler, 33 Nebr., 503. The right granted by the city to the railway company to use the streets was a contract. The act of 1887 inipan ed the obligation of such contract, and is inimical to the federal constitution. Chicago v.SheldonM Wall. [U.B.], 50; Coast L. R. Co. v. Mayor, 30 Fed. He])., 010; Million v._ Sharp, 27 X. Y., Oil; Mayor r. Second Avenue R. Co., 32 N. Y„ 201; People v. O'Brien, 111 N. Y., 1, 40;…
1Opinion of the Court
Hoi/’.omb, J.
The Lincoln Street Railway Company and the New York Security & Trust Company, mortgagee of its property in (rust, by proceedings in error to obtain a review of the trial had in the district court, pray a reversal of *117the judgment therein rendered in favor of the city of Lincoln, plaintiff in the court below, for the sum of $108,526.58, principal and interest, and $2,915.60, penalties, for taxes or obligations in the nature of special assessments levied by the city of Lincoln on the property of the street railway company, plaintiff in error, as well as certain assessments levied…
2Cases cited24 opinions
- Spencer v. MerchantSupreme Court of the United States · 1888
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Shields v. OhioSupreme Court of the United States · 1877
- Railroad Co. v. MaineSupreme Court of the United States · 1878
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
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3Cited by38 opinions
- City of Bristow Ex Rel. Hedges v. GroomSupreme Court of Oklahoma · 1944
- State ex rel. Haberlan v. LoveNebraska Supreme Court · 1911
- McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
- Wittler v. BaumgartnerNebraska Supreme Court · 1966
- Board of Control v. BucksteggeArizona Supreme Court · 1916
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