American Water-Works Co. v. State ex rel. Walker
Nebraska Supreme Court
Error from the district court of Douglas county. Tried, below before Irvine, J. The facts are stated in the opinion. The water company has the right and power to make and' enforce the regulation providing for a charge for shutting off and turning on water, provided it is a reasonable rule and free from the charge of unlawful discrimination. (Dartmouth College v. Woodward, 4 Wheat. [U. S.], 518; Girard Life Ins. Co. v. City of Philadelphia, 88 Pa.
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Error from the district court of Douglas county. Tried, below before Irvine, J. The facts are stated in the opinion. The water company has the right and power to make and' enforce the regulation providing for a charge for shutting off and turning on water, provided it is a reasonable rule and free from the charge of unlawful discrimination. (Dartmouth College v. Woodward, 4 Wheat. [U. S.], 518; Girard Life Ins. Co. v. City of Philadelphia, 88 Pa. St., 394; Wendell v. State, 62 Wis., 300; Cleveland, C. & C. P. Co. v. Bartram, 110. St., 457; Shepard v. Milwaukee Gas Light Co., 6 Wis., 539;…
1Opinion of the Court
Ragan, G.
The state of Nebraska, upon the relation of W. I. Walker, filed an application in the district court of Douglas county against the American Water-Works Company (hereinafter called the “ Water Company ”) for a peremptory writ of mandamus to compel the Water Company to furnish the relator water for use at his residence in the city of Omaha. The relator alleged in his application that the Water Company was a corporation doing business in the city of Omaha; that it was a common carrier and furnisher of water to the city of Omaha and its inhabitants; that it had secured a franchise from…
2Cases cited6 opinions
- Rowland v. KreyenhagenCalifornia Supreme Court · 1864
- State ex rel. Webster v. Nebraska Telephone Co.Nebraska Supreme Court · 1885
- Gas-Light Co. v. CollidayCourt of Appeals of Maryland · 1866
- Shiras v. EwingSupreme Court of Kansas · 1892
- Norton v. ReedWisconsin Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Turner v. Revere Water Co.Massachusetts Supreme Judicial Court · 1898
- Cedar Rapids Gas Light Co. v. City of Cedar RapidsSupreme Court of Iowa · 1909
- State ex rel. Johnson v. Consumers Public Power DistrictNebraska Supreme Court · 1943
- Hatch v. Consumers Co.Idaho Supreme Court · 1909
- Nebraska Telephone Co. v. State ex rel. YeiserNebraska Supreme Court · 1898
41 more not listed; retrieve them via the Exa API.