Combs v. Prestonsburg Water Co.

Opinion of the Court by

Creal, Commissioner—

Affirming.

B. F. Combs and Edward P. Hill instituted this action for and on behalf of themselves and all other citizens and taxpayers of Prestonsburg, Ky., and for and on behalf of the city, against the Prestonsburg Water Company, a corporation, seeking (1) to have the franchise under which the water company was operating a water system in the city adjudged to be void and to oust it from the occupation of the streets and thoroughfares of the city with its mains and lines; (2) to recover damages for the wrongful occupation of the streets; (3) to…