Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 165

Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts Volume 165

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...a sufficient return for its necessary outlay in laying such gas mains. The character of this ordinance as shown in all of its sections when considered together, is aptly described by the following language used by the court in State of Minn. v. The S. M. R. R. Co., 18 Minn. 49, to wit: "Certainly there is nothing in these passages of the statutes (ordinances) which in terms impose the complete and perfect legal obligation spoken of upon the defendant. The language is permissive and enabling, not imperative and obligatory." In such case the appellee must be construed under the ordinance to be granted the mere right to lay the gas mains in such streets as it may determine; and if it determines not to do so because of no sufficient demand for gas, or for any other reason satisfactory to itself, there is no legal cause for complaint if it does not elect to lay gas mains in any of such streets. After it has laid gas mains in some or all of such streets in pursuance of such ordinance, it might then be compelled to carry out all of the provisions of the or Village of Upper Alton v. Alton Gas & Electric Co., 165 Ill. App. 333. dinance in every particular as to such streets; but until it has laid the gas mains and entered upon the enterprise contemplated by the ordinance, it is optional on its part as to whether or not it shall lay gas mains in any or all the streets, and it cannot be compelled to do so by wumdamus. The York and N. M. Ry. Co. v. The Queen, 1 Ellis & Blackburn (72 Eng. Com. Law) 858; San A. St. Ry. Co. v. State, 35 L. R. A. 662; People v. N. Y. L. E. & W. R. R. Co., 104 N. Y. 58; Sherwood v. At. & D. R. Co., 94 Va. 291; Northern Pac. R. C0. v. Washington T., 142 U. S. 492; High on Extraordinary Legal...
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Product details

  • Paperback
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • black & white illustrations
  • 1236993748
  • 9781236993748