Kelsey v. Board of Fire & Water Commissioners
Michigan Supreme Court
Appeal from Marquette; Stone, J. Bill by Charles Kelsey to restrain the Board of Fire & Water Commissioners of the city of Marquette from shutting off the water from a certain building. From a decree for complainant, defendant appeals. Complainant, a resident of the city of Marquette, occupied as tenant an office on the second floor in the building known as the “Nester Block,” in the said city.
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Appeal from Marquette; Stone, J. Bill by Charles Kelsey to restrain the Board of Fire & Water Commissioners of the city of Marquette from shutting off the water from a certain building. From a decree for complainant, defendant appeals. Complainant, a resident of the city of Marquette, occupied as tenant an office on the second floor in the building known as the “Nester Block,” in the said city. He is also the agent of Morrison & Scott, the owners of the building, and has charge thereof. The building has a frontage of five stores, and is four stories high. The basement is occupied by a barber…
1Opinion of the CourtGrant, J.
(after stating the facts). The charter of the defendant provides for furnishing water to the owners or occupants of houses and other buildings. It does not contemplate that the defendant shall furnish water to each tenant who occupies a separate room in any house or building. It also provides various methods for enforcing collection of the rates. Counsel for complainant concede that the rates are a lien upon the building, and that the building can be sold for nonpayment of the rates by any tenant. The rules and regulations provide for dealing with the owners, and not with tenants. The…
2Cases cited6 opinions
- Price v. Riverside Land & Irrigating Co.California Supreme Court · 1880
- Wood v. City of AuburnSupreme Judicial Court of Maine · 1895
- State ex rel. Milsted v. Butte City Water Co.Montana Supreme Court · 1896
- McCrary v. BeaudryCalifornia Supreme Court · 1885
- Young v. City of BostonMassachusetts Supreme Judicial Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of East Grand Forks v. LuckSupreme Court of Minnesota · 1906
- Millville Improvement Co. v. Millville Water Co.New Jersey Court of Chancery · 1921
- Waldron v. International Water Co.Supreme Court of Vermont · 1921
- Cunningham v. City of IolaSupreme Court of Kansas · 1911
- Eutaw Ice, Water & Power Co. v. McGeeAlabama Court of Appeals · 1919