Citizens' St. R. v. City Ry. Co.
U.S. Circuit Court for the District of Indiana
1 Rev. St. 1894. § 5450 et seq. This was a suit by the Citizens’ Street-Railroad Company against the City Railway Company to enjoin defendant from interfering with complainant’s use of certain streets in the city of Indianapolis, or with the operation and maintenance of complainant’s street-car lines in said city, and to establish complainant’s rights in the premises. A motion to dismiss the bill was denied (56 Fed. 746), and the cause was heard on the pleadings and proofs.
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1 Rev. St. 1894. § 5450 et seq. This was a suit by the Citizens’ Street-Railroad Company against the City Railway Company to enjoin defendant from interfering with complainant’s use of certain streets in the city of Indianapolis, or with the operation and maintenance of complainant’s street-car lines in said city, and to establish complainant’s rights in the premises. A motion to dismiss the bill was denied (56 Fed. 746), and the cause was heard on the pleadings and proofs. An ordinance of the city of Indianapolis passed January 18, 1864, contained' the following provisions: “Section 1. Under…
1Opinion of the Court
WOODS?, Circuit Judge.
Jn respect to the question of jurisdiction, I aru consent with the decision heretofore made in this case, and reporu-d in 56 Fed. 746.
The corporate existence and the franchise of a street railway company organized under the law of 1861 (Rev. St. Ind. 1881, § 4143 et seq.)1 are derived directly from the state, but are subject to the condition that the consent of the common council shall be obtained to the location, survey, and construction of any street railroad through or across the public streets of any city before the construction of the same shall be commenced. 'The…
2Cases cited19 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Dash v. Van KleeckNew York Supreme Court · 1811
- Greenwood v. Freight Co.Supreme Court of the United States · 1882
- Head & Amory v. Providence Ins. Co.Supreme Court of the United States · 1804
- Merrill v. MonticelloSupreme Court of the United States · 1891
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3Cited by7 opinions
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- City of Denver v. Mercantile Trust Co. of New YorkCourt of Appeals for the Eighth Circuit · 1912
- Coverdale v. EdwardsIndiana Supreme Court · 1900
- Logansport Ry. Co. v. City of LogansportU.S. Circuit Court for the District of Indiana · 1902
- Africa v. Board of Mayor & Aldermen of KnoxvilleU.S. Circuit Court for the District of Eastern Tennessee · 1895
2 more not listed; retrieve them via the Exa API.