South Covington & Cincinnati Street Railway Co. v. Berry
Court of Appeals of Kentucky
Case 11 — PETITION EQUITY APPEAL EROM CAMPBELL CHANCERY COURT. 1. In construing the powers of a municipal corporation or city, the rule is that nothing will be held to be granted by the State unless clearly expressed, or unless absolutely essential to carry out the powers granted. (Dillon on Mun.
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Case 11 — PETITION EQUITY APPEAL EROM CAMPBELL CHANCERY COURT. 1. In construing the powers of a municipal corporation or city, the rule is that nothing will be held to be granted by the State unless clearly expressed, or unless absolutely essential to carry out the powers granted. (Dillon on Mun. Oorp., sec. 89, 3d ed.; Henderson v. City of Covington, 14 Bush, 312; Patton v. Stephens, 14 Bush, 324; Johnston v. Louisville, 11 Bush, 533; Kniper v. City of Louisville, 7 Bush, 603.) The city of Newport has no power to regulate the number of employes on street railway cars. (Thornhill v. City of…
1Opinion of the CourtChief Justice Holt
The appellant, the South Covington and Cincinnati Street Railway Company, has the charter privilege of operating a street railway upon certain streets of the city of Newport. The driver of each car also acts as conductor. The line has been operated in this way for over twenty years.
The Board of Councilmen passed this ordinance: “ That all street cars running in the city of Newport shall have two persons — a driver and a conductor — on each car; and every failure to have said driver and conductor on each car shall subject the president, and each of the officers of the company controlling said…
2Cases cited6 opinions
- Railroad Co. v. RichmondSupreme Court of the United States · 1878
- Ewing v. City of St. LouisSupreme Court of the United States · 1867
- Darst v. PeopleIllinois Supreme Court · 1869
- Varden v. MountCourt of Appeals of Kentucky · 1879
- City of Newport v. Newport & Cincinnati Bridge Co.Court of Appeals of Kentucky · 1890
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3Cited by19 opinions
- Huston v. City of Des MoinesSupreme Court of Iowa · 1916
- Boyd v. Board of CouncilCourt of Appeals of Kentucky · 1903
- City of Bessemer v. Bessemer City Water WorksSupreme Court of Alabama · 1907
- City of Detroit v. Fort Wayne & Belle Isle Railway Co.Michigan Supreme Court · 1893
- Covington Bridge Commission v. City of CovingtonCourt of Appeals of Kentucky (pre-1976) · 1934
14 more not listed; retrieve them via the Exa API.