Henry Billings Brown

“ This case involves the right of the Citizens' Street-Railroad Company of Indianapolis to operate a street railroad upon the streets upon which it had constructed its tracks at the commencement of this suit, as well as the validity of a certain contract and ordinance ratifying the same between the city and the City Railway Company, in so far as the city attempted to confer upon that company a right to lay its tracks upon the streets already occupied by the complainant, or to abridge its rights in the use of such streets. ”

“ The consequences of a different ruling would not only destroy the credit of the company, but might be disastrous to the bondholders, the value of whose investment would depend very largely upon the lengh of time the bonds were to run. ”

“ But, as we are not called upon to express an opinion whether complainant is entitled to a perpetual franchise from the city, the decree of the court below must be modified by striking out from the second paragraph the words, 'without regard to any limitation of time mentioned in any ordinance of the city,' and also the word 'forever,' and, as so modified, it is affirmed. ”