Cox v. City of Cynthiana
Court of Appeals of Kentucky
Case 46. — ACTION BY A. M. COX AGAINST THE CITY OF CYNTHIANA FOR DAMAGES FOR BEING DEPRIVED OF A WATER SUPPLY. Appeal from Harrison Circuit Court. L. P. Fryer, Circuit Judge. Judgment for Defendant. Plaintiff appeals. POINTS AND AUTHORITIES. 1.Statutory authority for water' works in 4th class cities;— sub-sees. 8 & 33 of see. 3490, Ky.
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Case 46. — ACTION BY A. M. COX AGAINST THE CITY OF CYNTHIANA FOR DAMAGES FOR BEING DEPRIVED OF A WATER SUPPLY. Appeal from Harrison Circuit Court. L. P. Fryer, Circuit Judge. Judgment for Defendant. Plaintiff appeals. POINTS AND AUTHORITIES. 1.Statutory authority for water' works in 4th class cities;— sub-sees. 8 & 33 of see. 3490, Ky. Statute. 3. Unreasonable Ordinances, (Dillons Municipal Corporations, secs. 319 & 320; Stein v. McArdle & Waters, 24 Ala., 344; Merrimae River Savings Bank v. City of Lowell, 26 N. E. R., 97; Wm. A. Turner v. Revere Water Co., 40 L. R. A., 657.) 3. Unjust…
1Opinion of the Court
Opinion by
Judge O’Rear
Affirming.
The city of Cynthiana owns and operates for the benefit of its inhabitants a waterworks plant. Power is conferred by the statute on the city to provide water by erecting and maintaining its own waterworks, to make all necessary contracts with any person or corporation for those purposes, and to make by-laws and ordinances to carry into effect all the power granted to it. In pursuance thereof, the city adopted the following by-laws, regulating the business of furnishing water to its inhabitants:
“Sec. 15. When water shall be supplied to one or more parties…
2Cited by14 opinions
- Sims v. Alabama Water Co.Supreme Court of Alabama · 1920
- Dodd v. City of AtlantaSupreme Court of Georgia · 1922
- Union Light, Heat & Power Co. v. MulliganCourt of Appeals of Kentucky · 1917
- Louisville Tobacco Warehouse Co. v. Louisville Water Co.Court of Appeals of Kentucky · 1915
- Carter v. the Suburban Water Co.Court of Appeals of Maryland · 1917
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