City of Olathe v. Missouri & Kansas Interurban Railway Co.

Citations

• 78 Kan. 193
• 96 P. 42
• 1908 Kan. LEXIS 31

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quo WARRANTO — Annulment of a Franchise. A right granted' by ordinance to a corporation to operate an interurban railway upon the streets of a city is a “franchise” within the meaning of the word as used in the statute relating to quo •warranto, and for proper cause may be annulled in an action of that character.</p> <p>2. -Parties. The city granting such right is a proper plaintiff in such an action, in virtue of the statute (Civ. Code, § 654) authorizing it to be brought by a person claiming an interest adverse to the franchise which is its subject.</p> <p>3. -Forfeiture of a Bight to Operate a Railway on a City’s Streets. Upon the facts alleged, held, that it does not appear that other remedies are so inadequate as to warrant the court, in the exercise of a sound discretion, in imposing the extreme penalty of forfeiture.</p>