Diebold v. Kentucky Traction Co.
Court of Appeals of Kentucky
Case 16 — Action by John Diebold against the Kentucky Traction (Company fob an Injunction. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION.
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Case 16 — Action by John Diebold against the Kentucky Traction (Company fob an Injunction. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. From a judgment Dismissing the Petition, Plaintiff Appeals. 1. It is alleged and admitted hy the pleadings in this case, that the city of Louisville, by the ordinance granting the franchise to the defendant company, has never advertised the franchise for sale, has never received bids therefor publicly, has never awarded it to the highest and best bidder, and that the city council has not undertaken to grant a franchise for .a limited period of…
1Opinion of the Court
Opinion of the court by
JUDGE BARKER
Affirming.
The appellant, John Diebold, is a citizen of Louisville, Ky., 'and owns real property fronting on Sixteenth street, which *148is one of the highways of that city. The appellee, The Kentucky Traction Company of Louisville, is a railroad corporation orgánized under the general statutes of Kentucky, having power and authority, under its charter, to construct and operate an electric line from Louisville, Ky., to NashIville, Tenn., and to be a common carrier of both passengers and freight, when in operation. As a necessary prei*equisite to the building of…
2Cases cited9 opinions
- Lieberman v. Chicago & South Side Rapid Transit RailroadIllinois Supreme Court · 1892
- Zehren v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1898
- Chicago & Northwestern Railway Co. v. Milwaukee, Racine & Kenosha Electric Railway Co.Wisconsin Supreme Court · 1897
- Massachusetts Loan & Trust Co. v. HamiltonCourt of Appeals for the Ninth Circuit · 1898
- Louisville & Portland Railroad v. Louisville City Railway Co.Court of Appeals of Kentucky · 1865
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Simoneau v. Pacific Electric Ry. Co.California Supreme Court · 1911
- Stem v. Nashville Interurban Ry.Tennessee Supreme Court · 1919
- Star Transportation Co. v. City of Mason CitySupreme Court of Iowa · 1923
- Kinsey v. Union Traction Co.Indiana Supreme Court · 1907
- City of Shelbyville v. GloverCourt of Appeals for the Sixth Circuit · 1910
19 more not listed; retrieve them via the Exa API.