City of Cleveland v. Cleveland City Railway Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR ' THE NORTHERN DISTRICT OF OHIO. This ' suit was brought in the Circuit Court to restrain the enforcement of an ordinance of the city of Cleveland, passed October, 1898, fixing the rates of fare to be charged by the appellee on a portion of its line of street railroad. . The bill based the right to relief upon two grounds, that is, a violation of the contract clause of the Constitution of the United States and of the due…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR ' THE NORTHERN DISTRICT OF OHIO. This ' suit was brought in the Circuit Court to restrain the enforcement of an ordinance of the city of Cleveland, passed October, 1898, fixing the rates of fare to be charged by the appellee on a portion of its line of street railroad. . The bill based the right to relief upon two grounds, that is, a violation of the contract clause of the Constitution of the United States and of the due process clause of the Fourteenth ■Amendment, the latter because the rates fixed- by the ordinance, if enforced, would…
1Opinion of the Court
Me. Justice White,,
after making the foregoing statement, delivered the opinion, of the court.
As will appear by .the statement just made, whilst two grounds under the Constitution of the United States were asserted in the bill as originally filed and as amended, the cause was in effect submitted to the court for decree upon one of the constitutional grounds alone — that is, the alleged impairment of the obligations of certain asserted contracts. Conceding that the alleged rights based on the due process clause were not waived, but were merely reserved for future action, it is manifest that the…
2Cases cited4 opinions
- Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
- Hamilton Gas Light & Coke Co. v. Hamilton CitySupreme Court of the United States · 1892
- St. Paul Gas Light Co. v. St. PaulSupreme Court of the United States · 1901
- Knoxville Water Co. v. KnoxvilleSupreme Court of the United States · 1903
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- Boise Artesian Hot & Cold Water Co. v. Boise CitySupreme Court of the United States · 1909
- Columbus Railway, Power & Light Co. v. City of ColumbusSupreme Court of the United States · 1919
- NORTHERN PACIFIC RAILWAY COMPANY v. STATE OF MINNESOTA Ex Rel. THE CITY OF DULUTHSupreme Court of the United States · 1908
- Carroll v. Greenwich Ins. Co. of NYSupreme Court of the United States · 1905
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