Haugen v. Albina Light & Water Co.
Oregon Supreme Court
Defendant appeals. This is an action for a writ of mandamus to require the defendant to supply the plaintiff with water by tapping a certain water-main on Tillamook street, and allowing him to connect a service-pipe therewith, etc.
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Defendant appeals. This is an action for a writ of mandamus to require the defendant to supply the plaintiff with water by tapping a certain water-main on Tillamook street, and allowing him to connect a service-pipe therewith, etc. The facts alleged in substance are these: That the defendant is a corporation, the business of which, among other things, is to furnish the city of Albina, and the inhabitants thereof, with water; that it is operating under a franchise granted to said company by the council of the city of Albina/by virtue of an ordinance, as follows: “An ordinance granting the…
1Opinion of the CourtLobd, J.
From this statement of the case, as presented by the pleadings, the court below held that when the defendant entered upon, and laid down its water-mains in the street, in pursuance of the privilege granted by the ordinance, it became bound to supply every abutter upon the street with water.
The contention for the defendant is, that the ordinance does not impose the duty upon it to furnish water, but only if it shall furnish water, that the charge therefor shall not exceed a certain sum therein specified; that the grant is to lay pipes through the streets, for the purpose of conducting water…
2Cases cited12 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Louisville Gas Co. v. Citizens' Gas Co.Supreme Court of the United States · 1885
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1858
- Price v. Riverside Land & Irrigating Co.California Supreme Court · 1880
- Vincent v. Chicago & Alton RailroadIllinois Supreme Court · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Leavitt v. Lassen Irrigation Co.California Supreme Court · 1909
- People ex rel. Jackson v. Suburban RailroadIllinois Supreme Court · 1899
- State ex rel. Grinsfelder v. Spokane Street-Railway Co.Washington Supreme Court · 1898
- City of Potwin Place v. Topeka Railway Co.Supreme Court of Kansas · 1893
- Hatch v. Consumers Co.Idaho Supreme Court · 1909
34 more not listed; retrieve them via the Exa API.