Legal Opinion

Davis v. Clinton Water Works Co.

Supreme Court of Iowa

Decided June 15, 1880PublishedCited by 46 opinions

Appeal from Glimton Gvreuit Gov/rt. Action at law to recover the value of certain buildings destroyed by fire, upon the ground that defendant was bound by contract with the city of Clinton to supply water to be used in extinguishing fires and failed to perform its obligation in this respect, which resulted in the destruction of plaintiff’s property. A demurrer to the petition was overruled, and defendant appeals from the decision upon the demurrer.

1Opinion of the Court

Beck, J".

I. The petition alleges that the defendant entered into a contract with the city of Clinton to supply water to be used by the city for the purpose of extinguishing fires. The contract is embodied in an ordinance passed by the city authorizing defendant to establish its works for supplying water to the city, and providing for compensation to be paid defendant by the city for water furnished for public purposes, including the extinguishing of fires. The terms and conditions of this contract need not be recited. It is sufficient to state that the parties thereto were the city and the…

2Cases cited3 opinions

  1. Vrooman v. . TurnerNew York Court of Appeals · 1877
  2. National Bank v. Grand LodgeSupreme Court of the United States · 1878
  3. Nickerson v. Bridgeport Hydraulic Co.Supreme Court of Connecticut · 1878

3Cited by46 opinions

  1. German Alliance Insurance v. Home Water Supply Co.Supreme Court of the United States · 1912
  2. House v. Houston Waterworks CompanyTexas Supreme Court · 1895
  3. Allen & Currey Mfg. Co. v. Shreveport Waterworks Co.Supreme Court of Louisiana · 1905
  4. Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
  5. Becker v. Keokuk WaterworksSupreme Court of Iowa · 1890

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