 | Law - 1888 - 564 pages
...third person. In either case the street is legally open, and free for the public passage, and for such public uses as are necessary in a city, and do not...prevent its use as a thoroughfare, such as the laying of water-pipes, gas-pipes, etc." Pierce on Railroads, 234, says: "The purpose of opening a highway or... | |
 | Law reports, digests, etc - 1906 - 1052 pages
...rights, whether the fee is in the public, or in the adjacent landowner, or in some third person. 1n either case the street is legally open and free for...prevent its use as a thoroughfare, such as the laying of waterpipes, gas pipes, and the like: and according to the laws of iowa (which must be taken to govern... | |
 | Christopher Gustavus Tiedeman - Police power - 1886 - 722 pages
...regard to the extent of those rights, %vbether the fee is in the public or in the adjacent land owner, or in some third person. In either case, the street...prevent its use as a thoroughfare, such as the laying of water-pipes, gas-pipes and the like."1 It may be reasonable to hold, at the present day, that the use... | |
 | District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - Law reports, digests, etc - 1886 - 636 pages
...highway, was not necessarily a nuisance. A city street is legally open and free for the public passage and such other public uses as are necessary in a city, and do not prevent its use as a thoroughfare. Barney vs. Keokuk, 94 U. S , 340; Att'y-Gen. rs. R. R, Co., 125 Mass., 516. It has been expressly and... | |
 | Law reports, digests, etc - 1887 - 1070 pages
..."On the general question as to the rights of the public in a city street, we cannot see any material difference in principle, with regard to the extent...prevent its use as a thoroughfare, such as the laying of water-pipes, gas-pipes, and the like." Pierce on Railroads, 234, says: "The purpose of opening a highway... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1888 - 712 pages
...On the general question as to the rights of the public in a city street, we cannot see any material difference in principle, with regard to the extent...prevent its use as a thoroughfare, such as the laying of water-pipes, gas-pipes, and the like." cles, operated "in sucli a mode and by such forces as an advanced... | |
 | Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - Law reports, digests, etc - 1888 - 1094 pages
...whether the fen is in the public or in the adjacent land owner, or in some third person. "In either cas" the street is legally open and free for the public...do not prevent its use as a thoroughfare, such as tile laying of water pipes, gas pipes and the like." Pierce on Railroads, page '¿34, says: "The purpose... | |
 | Leonard Augustus Jones - Servitudes - 1898 - 838 pages
...public in a city street," say the Supreme Court of the United States, " we cannot see any material difference in principle with regard to the extent...the laying of water pipes, gas pipes, and the like." 4 1 Fobesv. Rome, W. &O. R. Co., 121 W. Rep. 69; Little Miami R. Co. v. NY 5o5, 24 NE Rep. 919; Reining... | |
 | Christopher Gustavus Tiedeman - Antitrust law - 1900 - 676 pages
...regard to the extent of those rights, whether the fee is in the public or in the adjacent land owner, or in some third person. In either case, the street...prevent its use as a thoroughfare, such as the laying of water-pipes, gas-pipes and the like."1 It may be reasonable to hold, at the present day, that the use... | |
 | William Weeks Morrill - Electric utilities - 1902 - 988 pages
..."On the general question as to the rights of the public in a city street, we cannot see any material difference in principle with regard to the extent...city, and do not prevent its use as a thoroughfare." Barney v. Keokuk, 94 US 324, 340. We conclude, therefore, that the order appealed from should be affirmed.... | |
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On the general question as to the rights of the public in a city street, we cannot see any material difference in principle with regard to the extent of those rights, whether the fee is in the public or in the adjacent land-owner, or in some third person.... 
