Legal Opinion

Dobbins v. Los Angeles

Supreme Court of the United States

Decided November 14, 1904No. 107PublishedCited by 359 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. This is a writ of error to the Supreme Court of the State of California seeking a reversal of the judgment of that court, affirming the judgment of the Superior Court dismissing the complaint of the plaintiff ■ in error against the city of Los Angeles. 139 California, 179. Plaintiff in. error filed a bill of complaint against the city of Los Angeles, seeking an injunction to restrain the enforcement of certain ordinances…

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ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. This is a writ of error to the Supreme Court of the State of California seeking a reversal of the judgment of that court, affirming the judgment of the Superior Court dismissing the complaint of the plaintiff ■ in error against the city of Los Angeles. 139 California, 179. Plaintiff in. error filed a bill of complaint against the city of Los Angeles, seeking an injunction to restrain the enforcement of certain ordinances prohibiting the erection or maintenance of gasworks except within prescribed limits in said city. The case was decided…

1Opinion of the CourtJustice Day

As this case was decided upon demurrer to thé complaint, the allegations thereof must be taken as true'. The question presented involves the right of the plaintiff in error to invoke the protection of the Fourteenth Amendment against alleged infraction of her rights by the action of the city council in passing-and enforcing the ordinances which prevent the carrying on of the business of making and selling gas to the people of the city. •

Before entering upon a consideration of the casé it is essential to examine briefly the extent to which constitutional and legislative control have been…

2Cases cited12 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Gibbons v. OgdenSupreme Court of the United States · 1824
  3. Munn v. IllinoisSupreme Court of the United States · 1877
  4. Lawton v. SteeleSupreme Court of the United States · 1894
  5. Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902

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3Cited by359 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Truax v. RaichSupreme Court of the United States · 1915
  3. Terrace v. ThompsonSupreme Court of the United States · 1923
  4. Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
  5. Rast v. Van Deman & Lewis Co.Supreme Court of the United States · 1916

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