SULLIVAN v. CITY OF SHREVEPORT

Attorney(s) appearing for the Case

Mr. E.H. Randolph, for plaintiff in error, contended, in part, that, inasmuch as the court below found the new car, operated by one man only, quite as safe as the car in use when the ordinance was passed, when operated by two, the imposition of the cost of a second man on the new car, upon the ground that, in the opinion of the city council, even more safety and convenience would result, was nothing less than a burden on the business of the company taking its property without due process. When the ordinance was passed the city council had no knowledge of such improvements and of course no intention to apply the ordinance to them. And the council does not require now that the new cars be substituted for the old, but permits the operation of either kind, provided two men are employed on each.

Mr. James E. Smitherman for defendant in error. Mr. B.F. Roberts and Mr. John F. Phillips were on the brief.