City of Danville v. Danville Water Co.
Illinois Supreme Court
Writ of Error to the Circuit Court of Vermilion county; the Hon. P. Bookwalter, Judge, presiding. This is a writ of error sued out to reverse the judgment entered in the circuit court of Vermilion county against the plaintiff in error city, in favor of the defendant in error company, in an action of assumpsit.
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Writ of Error to the Circuit Court of Vermilion county; the Hon. P. Bookwalter, Judge, presiding. This is a writ of error sued out to reverse the judgment entered in the circuit court of Vermilion county against the plaintiff in error city, in favor of the defendant in error company, in an action of assumpsit. In substance the declaration recites that the Danville Water Company is incorporated under the general laws with reference to private corporations, and that the city of Danville is incorporated under the general laws with reference to municipal corporations; that on November 11, 1882,…
1Opinion of the CourtJustice Boggs
There is no force in the position the title to the act of June 6, 1891, which act is relied upon to confer upon the city council authority to adopt the ordinance set forth in pleas Nos. 1 and 2, does not express the subject embraced in the act. The defendant in error is a corporation engaged in an enterprise essentially public in its nature. Its property and its efforts are devoted to a use in which the public has an interest. It was granted corporate existence to enable it to serve the public. It is not a private corporation, but is quasi public. The duty devolves upon it to furnish water…
2Cases cited7 opinions
- City of Danville v. Danville Water Co.Illinois Supreme Court · 1899
- City of Pekin v. ReynoldsIllinois Supreme Court · 1863
- Town of Kankakee v. McGrewIllinois Supreme Court · 1899
- Vider v. City of ChicagoIllinois Supreme Court · 1896
- Rogers Park Water Co. v. FergusIllinois Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- County of Coles v. GoehringIllinois Supreme Court · 1904
- Smith v. County of LoganIllinois Supreme Court · 1918
- Foster v. ThorntonSupreme Court of Florida · 1937
- Marks v. City of MandanNorth Dakota Supreme Court · 1941
- Stripe v. YagerIllinois Supreme Court · 1932
14 more not listed; retrieve them via the Exa API.