St. Louis Brewing Ass'n v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge.' (1) Payment of water license under threat of turning off the water in case of refusal is payment under compulsion, and if the charge is excessive the excess may be recovered. Westlake v. St. Louis, 77 Mo. 47. (2) Under section 1698 of the Revised Ordinance of 1887 but two things are necessary to bring the water taker within the price of one cent per one hundred gallons, viz.: First.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge.' (1) Payment of water license under threat of turning off the water in case of refusal is payment under compulsion, and if the charge is excessive the excess may be recovered. Westlake v. St. Louis, 77 Mo. 47. (2) Under section 1698 of the Revised Ordinance of 1887 but two things are necessary to bring the water taker within the price of one cent per one hundred gallons, viz.: First. That the water is used for purely manufacturing purposes; and second, that the quantity used exceeds fifty million gallons annually. Rev.…
1Opinion of the CourtMacfarlane, J.
This is a suit to recover from defendant the city of St. Louis $10,818, for what plaintiff paid for water between June 5, 1889, and December 20, 1890, in excess, as is alleged, of the amount it could lawfully charge.
*422Plaintiff is a business corporation engaged in the city of St. Louis in the manufacture of beer. Defendant is a municipal corporation owning and operating water works for supplying citizens, manufacturers and others with water for domestic, manufacturing and other purposes. Plaintiff soon after its incorporation purchased and took possession of seventeen breweries all located in…
2Cases cited6 opinions
- Reading Railroad Company v. PennsylvaniaSupreme Court of the United States · 1873
- Packet Co. v. KeokukSupreme Court of the United States · 1877
- Wagner v. City of Rock IslandIllinois Supreme Court · 1893
- Provident Institution for Savings v. Mayor of Jersey CitySupreme Court of the United States · 1885
- Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Shirk v. Lancaster CitySupreme Court of Pennsylvania · 1933
- United Fuel Gas Co. v. Public Service CommissionWest Virginia Supreme Court · 1914
- American Brewing Co. v. City of St. LouisSupreme Court of Missouri · 1905
- Brand v. Water CommissionersMassachusetts Supreme Judicial Court · 1922
- Brink v. Kansas CitySupreme Court of Missouri · 1946
22 more not listed; retrieve them via the Exa API.