City of Canton v. Canton Cotton Warehouse Co.

Citations

• 84 Miss. 268

Syllabus

<p>1. Corporations. Contracts. Municipalities. PoUce power. Evasion of.</p> <p>Where a warehouse company contracted to furnish k railroad company water through conduits, but was without power to construct and maintain the same across the streets of the city in which the water was to be delivered, a subsequent agreement by which the railroad company, having such power, undertook to construct them, is not an illegal evasion of the police power of the city.</p> <p>2. Railroads. Lease. Laws 1882, p. 1023, sec. 3. Illinois Central Railroad Company.</p> <p>The lease, executed under Laws 1882, p. 1023, sec. 3, authorizing the Illinois Central Railroad Company, a foreign corporation, to lease the Chicago, St. Louis & New Orleans Railroad Company and other domestic railroad companies, invested the lessee, the foreign company, with all the power and franchises of the lessor companies.</p> <p>3 Same. Public road or way. Streets.</p> <p>A railroad company having power, granted by the legislature, to cross any “public road or way” has the right to cross streets as well as country roads.</p> <p>4. Municipalities. Legislative power over. Streets.</p> <p>The legislature may divest a municipality of control over its streets and authorize their use by a corporation without compensating the municipality.</p> <p>5. Same. Railroads. Conduits across streets. Right of way.</p> <p>A railroad company having the right to do all acts incidental to the maintenance of its railroad, may lay conduits under the surface of its right of way to conduct water to its buildings, although in so doing the conduits pass under the streets of a municipality. »</p> <p>6. Same. Eminent domain. Foreign corporation.</p> <p>A foreign railroad corporation, having the right to do all acts incidental to the maintenance of its railroad, will not be denied the right to lay conduits under its right of way across streets, because it has no right to exercise the power of eminent domain.</p> <p>7. Same. Temporary obstruct