Brummitt v. Ogden Waterworks Co.
Utah Supreme Court
Appeal from District Court, Second District; J". A. Howell, Judge. Action by James J. Brummitt and others against tbe Ogden Waterworks Company and another. From a judgment for defendants, plaintiffs appeal. APPELLANT'S POINTS.
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Appeal from District Court, Second District; J". A. Howell, Judge. Action by James J. Brummitt and others against tbe Ogden Waterworks Company and another. From a judgment for defendants, plaintiffs appeal. APPELLANT'S POINTS. The covenants on the part of the waterworks company being given in consideration of valuable privileges conferred, became the law applicable in the particular case and are just as binding as if they were enacted in the statutes or the constitution of this state. (Water Co. v. San Diego, 59 Cal. 517; Flynn v. Water Ca. [Minn.], 77 N. W. 38; State v. Bailroad [Minn.], 81…
1Opinion of the CourtFeick, J.
This action was commenced December 12, 1906, by the plaintiffs, as tax payers and water users, for equitable relief by injunction. In 1889 the defendant Ogden City entered into a contract with one J. E. Bothwell whereby he agreed to construct and operate a system of waterworks to supply Ogden City and its inhabitants with water for all purposes. Ogden City, on its part, granted Bothwell the right to lay the pipes to be used in the water system in the streets, alleys, and public places of the city. The contract was for no definite time, and in connection therewith the city leased to said…
2Cases cited38 opinions
- Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
- Crampton v. ZabriskieSupreme Court of the United States · 1880
- Long Island Water Supply Co. v. BrooklynSupreme Court of the United States · 1897
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- City of Brenham v. Brenham Water Co.Texas Supreme Court · 1887
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3Cited by7 opinions
- Salt Lake City v. Utah Light & Traction Co.Utah Supreme Court · 1918
- Olson v. Salt Lake City School DistrictUtah Supreme Court · 1986
- Burton v. Salt Lake CityUtah Supreme Court · 1926
- United States Smelting, Refining & M. Co. v. Utah Power & Light Co.Utah Supreme Court · 1921
- City of St. George v. Public Utilities CommissionUtah Supreme Court · 1923
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