Legal Opinion

Butte Water Co. v. City of Butte

Montana Supreme Court

Decided January 16, 1914No. 3,321PublishedCited by 13 opinions

Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the Butte Water Company against the city of Butte. From a judgment for plaintiff, defendant appeals. There can be no difference between “all general municipal purposes” and “all public purposes of the city.”

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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the Butte Water Company against the city of Butte. From a judgment for plaintiff, defendant appeals. There can be no difference between “all general municipal purposes” and “all public purposes of the city.” There is no material difference between a phrase “all general municipal purposes” and “all ordinary or customary municipal purposes.” ■Sprinkling the streets has been held to be a public purpose of a municipality, and this is the same as a general municipal purpose. {Maydwell v. City of Louisville, 116 Ky.…

1Opinion of the CourtJustice Sanner

The pleadings in this case unfold with progressive elaboration. In all they occupy 169 pages of the transcript, and to produce them here, to present even an abstract of their essentials, would take so much space and serve such little purpose that a bare statement of the ultimate issue must suffice.

The respondent water company (plaintiff below) recovered judgment against the appellant, city of Butte, for $11,445 made up as follows: $8,464.50, with interest, for certain fire-hydrant water furnished the city in the months of July, August, September and October, 1911, under a written contract…

2Cases cited12 opinions

  1. Chicago v. SheldonSupreme Court of the United States · 1870
  2. O'BRIEN v. MillerSupreme Court of the United States · 1897
  3. Pressed Steel Car Co. v. Eastern Ry. Co.Court of Appeals for the Eighth Circuit · 1903
  4. City of Vincennes v. Citizens' Gas Light Co.Indiana Supreme Court · 1892
  5. Frank v. Butte & Boulder Mining & Lumber Co.Montana Supreme Court · 1913

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Witherspoon v. St. Paul Fire & Marine InsuranceWashington Supreme Court · 1976
  2. R. M. Cobban Realty Co. v. DonlanMontana Supreme Court · 1915
  3. Abell v. BishopMontana Supreme Court · 1930
  4. Musselshell Valley Farming & Livestock Co. v. CooleyMontana Supreme Court · 1929
  5. Berne v. StevensMontana Supreme Court · 1923

8 more not listed; retrieve them via the Exa API.

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