Mayor of Knoxville v. Africa
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Eastern District of Tennessee. This is an appeal from an order granting a preliminary injunction upon bill, answer, exhibits, and upon ex parte affidavits filed in support of the bill.
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Appeal from the Circuit Court of the United States for the Northern Division of the Eastern District of Tennessee. This is an appeal from an order granting a preliminary injunction upon bill, answer, exhibits, and upon ex parte affidavits filed in support of the bill. The controversy involves the right of the complainant, J. Simpson Africa, who is engaged in the operation of an electric street railroad in the city of Knoxville, to extend his railroad, and occupy three unoccupied streets of said city with his track, poles, and attachments, and operate thereon an electric street railroad. His…
1Opinion of the CourtLurton, Circuit Judge
The principal points urged by counsel against the granting of an injunction are these: (1) That any street grant which accrued to the Knoxville Street-Railroad Company, or its successors, under the ordinance of 1876, has been abandoned or lost, upon streets unoccupied, by the failure of that company and its successors to avail itself, for a period of nearly 20 years, of the consent thereby given; and that an intention tó abandon the right of way upon the unoccupied streets is established, not only by the long delay in occupying them, but by acts and conduct inconsistent with the present…
2Cases cited9 opinions
- Louisville Trust Co. v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1896
- Bissell Carpet-Sweeper Co. v. Goshen Sweeper Co.Court of Appeals for the Sixth Circuit · 1896
- Green v. MillsCourt of Appeals for the Fourth Circuit · 1895
- Railroad v. BinghamTennessee Supreme Court · 1889
- Detroit Citizens' St. Ry. Co. v. City of DetroitCourt of Appeals for the Sixth Circuit · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Thomson-Houston Electric Co. v. Ohio Brass Co.Court of Appeals for the Sixth Circuit · 1897
- McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
- Allegheny Oil Co. v. SnyderCourt of Appeals for the Sixth Circuit · 1900
- Standard Oil Company of Texas v. Lopeno Gas CompanyCourt of Appeals for the Fifth Circuit · 1957
- State ex rel. Caldwell v. Lincoln Street Railway Co.Nebraska Supreme Court · 1907
24 more not listed; retrieve them via the Exa API.