San Diego Water Co. v. City of San Diego
California Supreme Court
APPEAL from a judgment of the Superior Court of San Diego County. J. W. McKinley, Judge. The facts are stated, in the opinions of Justices Van Fleet and Garoutte. There can be no relief against water rates fixed by a municipal board except in cases of actual fraud or gross injustice. (Spring Valley Water Works v. San Francisco, 82 Cal. 286; 16 Am. St. Rep. 116.) It is not necessary for the board as a body to hear witnesses and examine evidence.
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APPEAL from a judgment of the Superior Court of San Diego County. J. W. McKinley, Judge. The facts are stated, in the opinions of Justices Van Fleet and Garoutte. There can be no relief against water rates fixed by a municipal board except in cases of actual fraud or gross injustice. (Spring Valley Water Works v. San Francisco, 82 Cal. 286; 16 Am. St. Rep. 116.) It is not necessary for the board as a body to hear witnesses and examine evidence. (Bissell v. Jefferson-ville, 24 How. 287, 297; Collins v. Holyoke, 146 Mass. 298, 307; Birdsall v. Clark, 73 N. Y. 73; 29 Am. Rep. 105; San Francisco…
1Opinion of the CourtVan Fleet, J.
The plaintiff is a corporation engaged in the business of .supplying water to the city of San Diego and its inhabitants. In February, 1890, the common council of the city passed an ordinance fixing the water rates for the year beginning July 1, 1890. In May, 1890, the plaintiff brought this action against the city, the common council, the mayor, and the individual members of the council, to annul this ordinance and enjoin its enforcement. The complaint alleged in substance that the entire revenue which plaintiff could receive during the year in question, under the rates so fixed, would be…
2Cases cited2 opinions
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Spring Valley Water Works v. City & County of San FranciscoCalifornia Supreme Court · 1890
3Cited by34 opinions
- City & County of San Francisco v. BoydCalifornia Supreme Court · 1943
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
- Appleton Water Works Co. v. Railroad CommissionWisconsin Supreme Court · 1913
- Kennebec Water District v. City of WatervilleSupreme Judicial Court of Maine · 1902
- Morgan's Louisiana & T. R. & S. S. Co. v. Railroad CommissionSupreme Court of Louisiana · 1902
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