National Water Works Co. v. City of Kansas
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner .A. G-ill, Judge. Statement of case by the court. This is an action brought by plaintiff to recover the •cost of lowering and relaying a water pipe of plaintiff’s in one of defendant’s public streets, made necessary by a change of the grade of said street.
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Appeal from Jackson Circuit Court, Hon. Turner .A. G-ill, Judge. Statement of case by the court. This is an action brought by plaintiff to recover the •cost of lowering and relaying a water pipe of plaintiff’s in one of defendant’s public streets, made necessary by a change of the grade of said street. The case was tried by the court without the intervention of a jury upon the following agreed statement of facts: “For an agreed statement of facts in the above entitled cause, it is admitted and agreed: That both plaintiff and defendant are corporations; that Hripps street is in the corporate…
1Opinion of the Court
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Hall, J.
There are only two questions in this case. The questions are: first, did the defendant have the power under her charter to part with the right, by contract with plaintiff to change the grade of those of her streets, upon which, the grade once having been fixed, > the plaintiff should lay down water pipes in pursuance of the contract ? Second, did the defendant by the contract in this case part with such right to change the grade of said street %
The defendant had the power under her charter *242“to alter, open, widen, extend, straighten, establish, regulate grades, re-grade, clean, or…
2Cases cited7 opinions
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Matter of Petition of DeeringNew York Court of Appeals · 1883
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Atlantic & Pacific R. R. v. City of St. LouisSupreme Court of Missouri · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Arkansas-Missouri Power Co. v. City of Kennett, Mo.Court of Appeals for the Eighth Circuit · 1935
- Vermont Department of Public Service v. Massachusetts Municipal Wholesale Electric Co.Supreme Court of Vermont · 1988
- Massachusetts Municipal Wholesale Electric Co. v. StateSupreme Court of Vermont · 1994
- State Ex Inf. McKittrick v. Missouri Public Service Corp.Supreme Court of Missouri · 1943
- Taylor v. PattonIndiana Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.