Legal Opinion

People's Railroad v. Memphis Railroad

Supreme Court of the United States

Decided December 13, 1869PublishedCited by 38 opinions

Error to the Supreme Court of Tennessee, the case being thus: , The city of Memphis being by its charter empowered “to regulate the laying of railroad iron and the passage of railroad ears through the city,” and by general law “ to grant privileges in the use and enjoyments of the streets,” passed, •on the 11th of November, 1859, an ordinance prescribing the terms on which the board would grant the exclusive privilege of constructing street railways in Main Street, and other…

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Error to the Supreme Court of Tennessee, the case being thus: , The city of Memphis being by its charter empowered “to regulate the laying of railroad iron and the passage of railroad ears through the city,” and by general law “ to grant privileges in the use and enjoyments of the streets,” passed, •on the 11th of November, 1859, an ordinance prescribing the terms on which the board would grant the exclusive privilege of constructing street railways in Main Street, and other streets specially named, and operating them under certain regulations for a term of twenty-five years. By the…

1Opinion of the CourtJustice Clifford

Express authority was vested in the Memphis City Railroad Company, by the fourth section of their act 'of incorporation, to “construct, maintain, use, and operate street railways, by animal power, on all or any.of the streets in the city of Memphis, using' for that purpose all necessary ma chinery and equipments,” and “to make, complete, and execute all contracts and agreements” made with the city or other parties for any purpose connected directly of indirectly with the- construction, maintaining, or operating such railway, and to alter or enlarge'the terms of the same with the said parties.…

2Cases cited3 opinions

  1. Wayman v. SouthardSupreme Court of the United States · 1825
  2. Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
  3. Walker v. DevereauxNew York Court of Chancery · 1833

3Cited by38 opinions

  1. Blair v. City of ChicagoSupreme Court of the United States · 1906
  2. Oklahoma City v. ShieldsSupreme Court of Oklahoma · 1908
  3. Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.Supreme Court of Alabama · 1885
  4. Tri-County Electric Ass'n v. City of GilletteWyoming Supreme Court · 1978
  5. State Ex Rel. Daniel v. Broad River Power Co.Supreme Court of South Carolina · 1929

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