Legal Opinion

City Railway Co. v. Citizens' Street Railroad

Supreme Court of the United States

Decided April 19, 1897No. 214PublishedCited by 125 opinions

APPEAL FROM THE CIRCUIT ‘ COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. This was a bill in equity by the Citizens’ Street Railroad Company to enjoin the appellant from interrupting or disturbing complainant in the construction, operation and maintenance of its street car system in the city of Indianapolis,- and for the establishment of complainant’s rights and the quieting of its title in that connection.

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APPEAL FROM THE CIRCUIT ‘ COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. This was a bill in equity by the Citizens’ Street Railroad Company to enjoin the appellant from interrupting or disturbing complainant in the construction, operation and maintenance of its street car system in the city of Indianapolis,- and for the establishment of complainant’s rights and the quieting of its title in that connection. The facts of the case are substantially as follows: In 1861, the general assembly of the State of Indiana passed an act authorizing the incorporation of street railway companies,…

1Opinion of the CourtJustice Brown

This case involves the right of-the Citizens’ Street Railroad Company of Indianapolis to operate a street' railroad upon the streets upon which it had constructed its tracks at the commencement of this suit, as well as the validity of a certain contract, and ordinance ratifying the same, between the city and the City Railway Company, in so far as the city attempted to confer upon that company a right to lay its tracks upon the streets already occupied by the complainant, or to abridge its rights in the use of such streets.

1. There can be no doubt that the Circuit Court' had jurisdiction of…

2Cases cited5 opinions

  1. Bank of United States v. DandridgeSupreme Court of the United States · 1827
  2. New Orleans v. New Orleans Water Works Co.Supreme Court of the United States · 1891
  3. New Orleans Water-Works Co. v. RiversSupreme Court of the United States · 1885
  4. Wright v. NagleSupreme Court of the United States · 1880
  5. Grand Lodge F. and A. Masons of La. v. New OrleansSupreme Court of the United States · 1897

3Cited by125 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
  3. Davis & Farnum Manufacturing Co. v. Los AngelesSupreme Court of the United States · 1903
  4. Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
  5. Russell v. SebastianSupreme Court of the United States · 1914

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