State ex rel. Lanyon v. Joplin Water Works
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. GL McG-eegob, Judge. (1) Mandamus is not the proper remedy. State ex rel. v. Trustees,115 Ind. 480; s. c., 16 N. E. Rep. 811. It cannot be said that the contract to furnish the inhabitants of the city of Joplin with water imposes a public •duty upon the defendant company, any more than rests upon a turnpike company, bridge company, railroad company or any other common carrier; and yet, as applied to all of these, it has been…
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Appeal from the Jasper Circuit Court. — Hon. M. GL McG-eegob, Judge. (1) Mandamus is not the proper remedy. State ex rel. v. Trustees,115 Ind. 480; s. c., 16 N. E. Rep. 811. It cannot be said that the contract to furnish the inhabitants of the city of Joplin with water imposes a public •duty upon the defendant company, any more than rests upon a turnpike company, bridge company, railroad company or any other common carrier; and yet, as applied to all of these, it has been held that mandamus will not lie to compel the performance of an alleged duty, and especially so at the suit of an…
1Opinion of the CourtGill, J.
The defendant water company, at the beginning of this suit, owned and operated a system of water works in the city of Joplin, wherein it had an exclusive right under and by virtue of an ordinance of said city. Section 14 of this ordinance attempts, as far as may be, to prescribe the rates or charges for consumers. It reads as follows: “Sec. 14. The water rates to consumers shall not exceed twenty-five cents per one thousand gallons, or one cent per barrel, approximated for the several purposes, as follows.” Then appears a schedule of prices per annum for dwellings (so much per room), hotels,…
2Cases cited3 opinions
- State ex rel. Webster v. Nebraska Telephone Co.Nebraska Supreme Court · 1885
- Chicago & Northwestern Railway Co. v. People ex rel. HempsteadIllinois Supreme Court · 1870
- State ex rel. Millett v. FieldMissouri Court of Appeals · 1889
3Cited by3 opinions
- City of Camilla v. NorrisSupreme Court of Georgia · 1910
- Joplin Waterworks Co. v. City of JoplinSupreme Court of Missouri · 1903
- State ex rel. Boulton v. NorvellMissouri Court of Appeals · 1899