City of Austin v. Bartholomew
Court of Appeals for the Fifth Circuit
In Error to tlie Circuit Court of the United States for the Western District of Texas. On April 13, 1882, the city of Austin entered into a contract with the City Water Company, which contract is the basis of this suit.
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In Error to tlie Circuit Court of the United States for the Western District of Texas. On April 13, 1882, the city of Austin entered into a contract with the City Water Company, which contract is the basis of this suit. That contract is set out in full in the statement of facts in the case of Bartholomew v. City of Austin, 29 C: C. A. 5G8, 85 Bed. 359, and it will consequently be referred to here when necessary without incumbering the statement, of the case or the opinion with the entire contract. The City Water Company constructed its waterworks and complied with its contract witli the city…
1Opinion of the CourtNewman, District Judge
The first and most important question for consideration in this case is that raised by the contention that the city, by the construction of waterworks of its own in 1895, violated the contract which it entered into with, the City Water Company in 1882, to the wrong and damage of its successor, the Austin Water, Light & Power Company. The claim is that it was necessarily implied in the terms and provisions of the contract referred to that the city would not itself erect a system of waterworks, and thereby, to a large extent, destroy the value of the property of the City Water Company. Beliance…
2Cases cited11 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- City of Austin v. NalleTexas Supreme Court · 1893
- Jefferson Branch Bank v. SkellySupreme Court of the United States · 1862
- Rice v. Railroad Co.Supreme Court of the United States · 1862
- Richmond, Fredericksburg & Potomac Railroad v. Louisa RailroadSupreme Court of the United States · 1852
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3Cited by5 opinions
- Cade v. City of BelingtonWest Virginia Supreme Court · 1918
- Montgomery County v. CochranCourt of Appeals for the Fifth Circuit · 1903
- Anoka Water Works, Electric Light & Power Co. v. City of AnokaU.S. Circuit Court for the District of Minnesota · 1901
- Salmon v. Rochester & Lake Ontario Water Co.New York Supreme Court · 1923
- State Ex Rel. City of Jasper v. Gulf States Utilities Co.Court of Appeals of Texas · 1944