Garson v. Steamboat Canal Co.
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Paul Garson and others against the Steamboat Canal Company and others. From a judgment granting a temporary injunction, the named defendant appeals. Damages that plaintiffs may sustain by the enforcement of the rate in question are such that they can be easily ascertained by a court and jury. The order granting an injunction pendente lite should be reversed and set aside.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Paul Garson and others against the Steamboat Canal Company and others. From a judgment granting a temporary injunction, the named defendant appeals. Damages that plaintiffs may sustain by the enforcement of the rate in question are such that they can be easily ascertained by a court and jury. The order granting an injunction pendente lite should be reversed and set aside. The lower court had no authority to grant an injunction pendente lite against the enforcement of a rate fixed by the public utility…
1Opinion of the Court
By the Court,
Ducker, J.:
The appellant corporation, the Steamboat Canal Company, is a public utility engaged in the business of delivering water from the Truckee River, through its canal, known as the Steamboat Canal, to a number of users for agricultural and other purposes. In a former year the public service commission of Nevada had established the rate for the delivery and sale of water to such users at $6.50 per miner’s inch per annum, and when paid in *303advance on or before June 1 of .each year at $6 per miner’s inch. On or before May 18, 1918, the Steamboat Canal Company filed with the…
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