Shreveport Traction Co. v. Kansas City, S. & G. Ry. Co.

Citations

• 119 La. 759
• 44 So. 457
• 1907 La. LEXIS 548

Syllabus

<p>1. Municipal Corporations — Power to Grant Use of Streets.</p> <p>City authorities have no legal power to create corporations or to grant franchises. This can be done by the state alone; but the city can concede the right of way through her streets. Such right is not a franchise in law. The privileges conceded are “secondary franchises,” instrumentalities by means of which the corporate owners granted by the charter may be exercised.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 12, Corporations, § 11; vol. 36, Municipal Corporations, § 1459.1</p> <p>2. Railroads — Determination of Character of Corporation — Abandonment of Rights as Railroad Corporation.</p> <p>In determining what the character of the corporation is,. reference must be had to its charter, and not to the relation which may have been established between itself and the city by permit or license, or by contract. If by its charter it is a railroad corporation, its rights as such are not waived, or forfeited, or abandoned, by entering into relations with the city for operating lines of street cars inside the city limits. Between the city and the company the relations entered into may control the situation as to the operation of its cars; but, when the company extends its line beyond the city under its right to do so reserved in the charter, the city has no control over it. Quoad its extension the character of the company is to be held to be a railroad company, entitled to its privileges as such, and bound by its obligations to the general public.</p> <p>3. Street Railroads — Consolidation of Competing Roads — Interest to Contest.</p> <p>Where defendant does not pretend that the route of the plaintiff corporation outside of the city limits is parallel with and competes with its own, or that its business is affected by the fact that the plaintiff is a corporation resulting from the consolidation of two corporations operating lines of street cars in the city of Shreveport, defendant has no i