Asher v. Hutchinson Water, Light & Power Co.

The opinion of the court was delivered by

Greene, J. :

The plaintiffs in-error commenced this action in the court below to enjoin the defendants from taking up a certain water-main which ran to, and supplied, plaintiffs’ stock-yards with water. A tern*497porary restraining order was granted, which was set aside and an injunction refused. The plaintiffs prosecute this proceeding.

The Hutchinson water-works were constructed under an ordinance which required the company, and its assigns, to extend its mains and place fire-hydrants along the streets of the city, in addition to those designated in the…