Legal Opinion

Cummins v. Jones

Oregon Supreme Court

Decided February 15, 1916PublishedCited by 20 opinions

From Clackamas: George E. Bagley, Judge. Statement by Mr. Justice Benson. A. B. Cummins and others commenced a suit against Linn E. Jones, as mayor, and E. L. Shaw, as chief of police of Oregon City, Oregon.

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From Clackamas: George E. Bagley, Judge. Statement by Mr. Justice Benson. A. B. Cummins and others commenced a suit against Linn E. Jones, as mayor, and E. L. Shaw, as chief of police of Oregon City, Oregon. The facts in the case at bar are ás follows: On September 8,1915, the city council of Oregon City passed an ordinance entitled: “An ordinance providing that public utility vehicles shall not be operated in Oregon City except under or by virtue of a franchise or franchises given or granted by Oregon City. ’ ’ Section 1 of this ordinance is devoted to definitions of the phrase “public…

1Opinion of the Court

Mr: Justice Benson

delivered the opinion of the court.

1. It is obvious from the mere reading of the “resolution” above set out that it is not a resolution or *279authoritative act of the council, but merely a recommendation of a committee, and the record does not disclose that the council ever acted thereon. We therefore dismiss it from our consideration and turn to our investigation of the ordinance. In Section 1 we find the definition of a “public utility vehicle” to mean:

“Any auto car, auto bus, jitney, omnibus, automobile, taxicab, or other vehicles propelled, operated, driven or drawn by any…

2Cases cited6 opinions

  1. Ex parte DickeyWest Virginia Supreme Court · 1915
  2. Greene v. City of San AntonioCourt of Appeals of Texas · 1915
  3. Le Blanc v. City of New OrleansSupreme Court of Louisiana · 1915
  4. Fifth Ave. Coach Co. v. . City of New YorkNew York Court of Appeals · 1909
  5. Thielke v. AlbeeOregon Supreme Court · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Hadfield v. LundinWashington Supreme Court · 1917
  2. City of San Antonio v. FetzerCourt of Appeals of Texas · 1922
  3. Taylor v. SmithSupreme Court of Virginia · 1924
  4. Frost v. Railroad CommissionCalifornia Supreme Court · 1925
  5. State ex rel. Schafer v. City of SpokaneWashington Supreme Court · 1920

15 more not listed; retrieve them via the Exa API.

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