City of Topeka v. Topeka Water Co.

This is an action by the City of Topeka to forfeit the franchise and privileges granted by the City to the Topeka Water Supply Company in 1881, and which were assigned and transferred to the defendant, the Topeka Water Company, in 1891.

An ordinance was enacted which granted the Company the right and privilege of constructing water- • works, and maintaining the same for a period of twenty years. Authority was given to use the public' streets, alleys and grounds of the City, as might be necessary for the distribution of the water. It was provided that the main and distributing pipes should be…