People v. Stephens
California Supreme Court
Appeal by the plaintiff from a judgment in favor of the defendants in the Superior Court of the County of Yolo, and from an order denying plaintiff’s motion for a new trial, and also from an order made after judgment.
Read the full summary
Appeal by the plaintiff from a judgment in favor of the defendants in the Superior Court of the County of Yolo, and from an order denying plaintiff’s motion for a new trial, and also from an order made after judgment. Bush, J. The action was brought by the Attorney General in the name of the People against the defendants, to require the defendants to show by what right or authority they were claiming and exercising certain franchises in the town of Woodland, and to obtain judgment against them, adjudging that they were doing so unlawfully,; that they be debarred therefrom, and that they be…
1Opinion of the Court
Ross, J.:. The gist of the very able argument of appellant’s counsel is that, under the provisions of the present Constitution, no company or individual possesses the right to lay pipes in the streets of any incorporated city or town of the State for the purpose of supplying the inhabitants thereof with fresh water, until *232the Legislature has prescribed the terms and conditions under which all of this may be done.
Prior to the adoption of the present Constitution, the Legislature had that power. It could delegate to the municipal government, or itself exercise, the power of prescribing the…
2Cited by29 opinions
- Los Angeles v. Los Angeles City Water Co.Supreme Court of the United States · 1900
- Clark v. City of Los AngeLesCalifornia Supreme Court · 1911
- Marin Water & Power Co. v. Town of SausalitoCalifornia Supreme Court · 1914
- In Re JohnstonCalifornia Supreme Court · 1902
- McMillan v. SiemonCalifornia Court of Appeal · 1940
24 more not listed; retrieve them via the Exa API.