Legal Opinion

Burke v. City of Water Valley

Mississippi Supreme Court

Decided November 15, 1905PublishedCited by 22 opinions

Prom the circuit court of, second district, Yalobusha county. Hon. Samuel C. Cooic, Judge. Burke, the appellant, was plaintiff in the court below; the city of Water Valley, the appellee, was defendant there. Prom a judgment in favor of defendant, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.

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Prom the circuit court of, second district, Yalobusha county. Hon. Samuel C. Cooic, Judge. Burke, the appellant, was plaintiff in the court below; the city of Water Valley, the appellee, was defendant there. Prom a judgment in favor of defendant, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. When a city undertakes to furnish water for hire, it becomes liable as an individual would be liable. 30 Am. & Eng’. Ency. Law (2d ed.), 404; 149 Mass., 410. A city, having undertaken to furnish water, must do as any…

1Opinion of the Court

Whitfield, O. J.,

delivered the opinion of the court.

The city of Water Valley owns its waterworks. Among the rules established by the city respecting the management and government of its waterworks system one was that the rentals *736of water should be charged to the owner of the property, and not to the tenant; and a further rule was established that, if the water charge should not be paid, the water should be cut off, and no connection should be made until the delinquent charge was paid. The appellant rented a house within the water district, and tendered to the city authorities the amount due…

2Cases cited12 opinions

  1. Turner v. Revere Water Co.Massachusetts Supreme Judicial Court · 1898
  2. American Water-Works Co. v. State ex rel. WalkerNebraska Supreme Court · 1895
  3. Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
  4. Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1858
  5. Wood v. City of AuburnSupreme Judicial Court of Maine · 1895

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3Cited by22 opinions

  1. Howard v. SwiftIllinois Supreme Court · 1934
  2. Dodd v. City of AtlantaSupreme Court of Georgia · 1922
  3. Cumberland Telegraph & Telephone Co. v. HobartMississippi Supreme Court · 1906
  4. Poole v. Paris Mountain Water Co.Supreme Court of South Carolina · 1908
  5. Farmer v. Mayor of NashvilleTennessee Supreme Court · 1912

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