Smith v. Town of Westerly
Supreme Court of Rhode Island
Bills in Equity for injunction. On demurrer. The contract referred to in the opinion of the court was a resolution of the town council of Westerly, passed June 29, 1885, accepting a proposition made by James M. Pendleton and others to construct water works for supplying the inhabitants of Westerly and the adjacent territory with water.
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Bills in Equity for injunction. On demurrer. The contract referred to in the opinion of the court was a resolution of the town council of Westerly, passed June 29, 1885, accepting a proposition made by James M. Pendleton and others to construct water works for supplying the inhabitants of Westerly and the adjacent territory with water. So much of the resolution as is material to the present case is as follows : “It is Voted and Resolved, That the said proposition is hereby accepted, and that the right to use the public highways and public grounds of this town for. the purpose of laying water…
1Opinion of the CourtTillinghast, J.
These cases have been tried together, and we will consider them in the same way.
The Smith case is brought by certain taxpayers of the town of Westerly, in behalf of themselves and all others similarly situated, against the town of Westerly, the members of the town council, members of the committee on water works and the town treasurer, and seeks to enjoin them from proceeding further with the erection of water works or the purchase of land therefor, and from expending any money or incurring any obligations whatever in respect thereof, and for other relief.
The Arnold case is brought by…
2Cases cited10 opinions
- Painter v. PainterOhio Supreme Court · 1849
- Minturn v. LarueSupreme Court of the United States · 1860
- Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889
- Wright v. NagleSupreme Court of the United States · 1880
- Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.Supreme Court of Alabama · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nugent Ex Rel. Hurd v. City of East ProvidenceSupreme Court of Rhode Island · 1968
- Town of Southington v. Southington Water Co.Supreme Court of Connecticut · 1908
- Westerly Waterworks v. Town of WesterlyU.S. Circuit Court for the District of Rhode Island · 1896
- Capone v. NunesSupreme Court of Rhode Island · 1957
- Mageau v. WedlockSupreme Court of Rhode Island · 1986
1 more not listed; retrieve them via the Exa API.