A Treatise on the Law of Roads and Streets Volume 2

A Treatise on the Law of Roads and Streets Volume 2

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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. 1911 edition. Excerpt: ...and development of towns and cities without just reason or excuse. 989. (776) Conflict of authority.--The question whether a street railway company can be required to improve a street where that duty is not imposed upon it by the terms of its grant is one upon which the decisions are in conflict. It is maintained by some of the courts, with much force and plausibility, that the franchise of a street railway company is property and should be assessed for the expense of the improvement." The franchise of the company is unquestionably property, and the improvement benefits that property to a greater extent in most cases than it does the property of abutting lot-owners, and, as the foundation of the right to assess private property for the cost of R. Co., 45 Ohio St. 98, 12 N. E. 651, 32 Am. & Eng. R. Cas. 292. See also, Fair Haven &c. R. Co. v. New Haven, 75 Conn. 442, 53 Atl. 960; Pittsburg &c. R. Co. v. Taber, 168 Ind. 419, 77 N. E. 741; Erie R. Co. v. Patterson, 72 N. J. L. 83, 59 Atl. 1031. But see Lightner v. City of Peoria, 150 Ill. 80, 37 N. E. 69; Western Pav. & Supply Co. v. Citizens' St. R. Co., 128 Ind. 525, 26 N. E. 188, 28 N. E. 88. 25 Am. St. 462n, 10 L. R. A. 770; Dean v, Paterson. 67 N. J. L. 199, 50 Atl. 620. In other cases a somewhat similar doctrine is laid down, but the decisions turn upon the language of the grant. Fort Wayne &c. St. R. Co. v. City of Detroit, 34 Mich. 78: Fort Wayne &c. St. R. Co. v. City of Detroit, 39 Mich. 543. a public improvement is the theory that the benefit is the equivalent of the assessment, there is no little strength in the position that the railway company is liable to assessment; but this doctrine is denied by able courts." The question must...show more

Product details

  • Paperback | 372 pages
  • 189 x 246 x 20mm | 662g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236916220
  • 9781236916228