Broad v. City of Moscow
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. An action for damages for failure to deliver bonds to sewerage contractor upon the completion of his contract. Judgment for defendant. Plaintiff appeals.
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APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. An action for damages for failure to deliver bonds to sewerage contractor upon the completion of his contract. Judgment for defendant. Plaintiff appeals. In constructing sewerage systems, the municipal corporation acts not merely as an agent of the district, nor even in a purely public capacity for the public weal in the preservation of the public health, but, to some extent at least, in its capacity as a private corporation creating and acquiring a tangible property which becomes an…
1Opinion of the CourtStewart, J.
On August 5, 1903, at a regular meeting ■of the city council of the city of Moscow, there was duly passed Ordinance No. 254, entitled “An ordinance providing for a general sewerage line system and sewerage disposal works for the city of Moscow, Idaho, for the use of the general public of said city of Moscow, Idaho, which said sewerage system is to be hereafter used by the general inhabitants of said city or district hereafter created.....” The boundaries of the sewer district under this ordinance were coincident with and the same as the boundaries of the city of Moscow. A sewer committee was…
2Cases cited32 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Quill v. City of IndianapolisIndiana Supreme Court · 1890
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
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3Cited by16 opinions
- State Ex Rel. Southern Surety Co. v. ArmstrongSupreme Court of Oklahoma · 1932
- Munro v. City of AlbuquerqueNew Mexico Supreme Court · 1943
- Gagnon v. City of ButteMontana Supreme Court · 1926
- Blackford v. City of LibbyMontana Supreme Court · 1936
- Bosworth v. AndersonIdaho Supreme Court · 1929
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