Legal Opinion

City of Henderson v. Young

Court of Appeals of Kentucky

Decided December 7, 1904PublishedCited by 36 opinions

Case 29 — Action tnr S. A. Youso Against the City of Henderson to Enjoin the City- from Furnishing to Persons Outside the City an Electric Light Current from the City Electric Light Plant. APPEAL FROM HENDERSON CIRCUIT COURT-J. L. DORSEY, CIRCOIT JUDGE.. Judgment for Plaintiff and Defendant Appeals.

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Case 29 — Action tnr S. A. Youso Against the City of Henderson to Enjoin the City- from Furnishing to Persons Outside the City an Electric Light Current from the City Electric Light Plant. APPEAL FROM HENDERSON CIRCUIT COURT-J. L. DORSEY, CIRCOIT JUDGE.. Judgment for Plaintiff and Defendant Appeals. Our contention is that the city’s waterworks, gas works and electric light plant are held by the city as. a trust in a business capacity, and not in its governmental capacity, and may dispose of it at its discretion for the benefit of the city, so that its usefulness to the city is not impaired.…

1Opinion of the Court

Opinion of the court bt

CHIEF JUSTICE BURN AM

Reversing.

This action was instituted by the appellee, S. A. Young, a resident and taxpayer of the city of Henderson, to enjoin the city authorities from furnishing to property outside of the ■city limits an electric light current from the electric light plant belonging to the city, upon the grounds that by the express terms of subsection 5 of section 3290 of the Kentucky Statutes of 1903, which is a section of the charter ■of cities of the third class, to which Henderson belongs, it ■was only authorized to provide the city and the inhabitants…

2Cases cited2 opinions

  1. Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
  2. Pikes Peak Power Co. v. City of Colorado SpringsCourt of Appeals for the Eighth Circuit · 1900

3Cited by36 opinions

  1. Overall v. City of MadisonvilleCourt of Appeals of Kentucky · 1907
  2. Town of Holyoke v. SmithSupreme Court of Colorado · 1924
  3. City of Louisville v. ParsonsCourt of Appeals of Kentucky · 1912
  4. Andrews v. City of South HavenMichigan Supreme Court · 1915
  5. Fretz v. City of EdmondSupreme Court of Oklahoma · 1916

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