Powell v. City of Duluth
Supreme Court of Minnesota
Action in the district court for St. Louis county to restrain defendants, City of Duluth and L. N. Case, the manager of its water works, from invading the premises of plaintiffs for the purpose of placing therein a water meter, and from cutting off the water supply from said premises. The case was tried before Dibell, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiffs appealed.
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Action in the district court for St. Louis county to restrain defendants, City of Duluth and L. N. Case, the manager of its water works, from invading the premises of plaintiffs for the purpose of placing therein a water meter, and from cutting off the water supply from said premises. The case was tried before Dibell, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiffs appealed. The duty of supplying the plaintiffs with water cannot be questioned. It is equally clear that this duty must be performed for all residents without discrimination. To that…
1Opinion of the Court
LEWIS, J.2
Respondent city acquired title, August 1, 1898, to the water system of the Duluth Gas & Water Company, and has owned and operated it ever since. The present city charter went into effect March 8, 1900, by which there was created a board of water and light commissioners. The board formulated r.ules and regulations in reference to the use of meters, and for consumers of water in private residences published a fiat rate of so much per month, based on the number of bowls, tubs, and closets, and concerning the use of meters rule 6 was adopted, which reads:
“Meters may be placed upon any…
2Cases cited5 opinions
- Wagner v. City of Rock IslandIllinois Supreme Court · 1893
- Silkman v. Board of Water CommissionersNew York Court of Appeals · 1897
- Sheward v. Citizens' Water Co.California Supreme Court · 1891
- Jones v. Board of Water CommissionersMichigan Supreme Court · 1876
- State ex rel. Hallauer v. GosnellWisconsin Supreme Court · 1903
3Cited by15 opinions
- Keever v. City of MankatoSupreme Court of Minnesota · 1910
- City of East Grand Forks v. LuckSupreme Court of Minnesota · 1906
- Gordon v. DoranSupreme Court of Minnesota · 1907
- Mallon v. Board of Water CommissionersMissouri Court of Appeals · 1910
- Opinion of the JusticesSupreme Court of New Hampshire · 1944
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