Grand Trunk Western Railway Co. v. City of South Bend
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF INDIANA. In 1866 a charter was granted by the State of Indiana to plaintiff’s predecessor in title whereby it was authorized to build a railroad from the Michigan line west through South Bend to the Illinois line in the direction of Chicago.
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ERROR TO THE SUPREME COURT OF THE STATE OF INDIANA. In 1866 a charter was granted by the State of Indiana to plaintiff’s predecessor in title whereby it was authorized to build a railroad from the Michigan line west through South Bend to the Illinois line in the direction of Chicago. The City of South Bend was a stockholder in this company and, in 1868, passed an ordinance granting the company the right to construct' its railroad through the streets of the city, no more than one track to be laid, except that the privilege was granted to lay a double track along Division street from the Bridge…
1Opinion of the CourtJustice Lamar
In 1868 the City Council of South Bend, by ordinance, granted plaintiff’s predecessor in title the right to lay a double track over a part of Division street. The Company built a single track in 1871 and a double track for part of the way in 1881, but, on attempting in 1902 to extend it, for the balance of the authorized distance, Was prevented from doing so because the city had repealed so much of the ordinance of 1868 as related to double tracks. In the record here it appears that, in the litigation which followed, the action of the city was sustained on the ground that the repeal was…
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