Pine Bluff Corp. v. Toney
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; 1. The ordinance of 1887 is a contract which comes within the protection of that clause of the Federal Constitution which prohibits the passage of laws impairing the obligations of contracts. 172 U. S. 1, 9; 70 Ark. 300, 303; 208 U. S. 590; 181 U. S. 142; 189 U. S'. 207. The contract does not place the burden of installing service pipes upon the water company.
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Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; 1. The ordinance of 1887 is a contract which comes within the protection of that clause of the Federal Constitution which prohibits the passage of laws impairing the obligations of contracts. 172 U. S. 1, 9; 70 Ark. 300, 303; 208 U. S. 590; 181 U. S. 142; 189 U. S'. 207. The contract does not place the burden of installing service pipes upon the water company. If it had been intended that appellant should bear this burden, it would have been expressly set out in an appropriate 'Clause in the contract. It is the duty of the…
1Opinion of the CourtBatteE, J.
A controversy arose between the city council of Pine Bluff and the Pine Bluff Corporation, the owner and operator of the water works in that city, as to whether it is the duty of the latter, under its contract with the city, to 'construct ancl maintain free of charge the service pipes, that is, the pipes constructed between the water mains in the street and the curb line between the street and private property, to convey water from the main. The city council, to enforce its views, passed an ordinance* requiring the “water company”— Pine Bluff Corporation — to construct and maintain service…
2Cases cited2 opinions
- Pocatello Water Co. v. StandleyIdaho Supreme Court · 1900
- Marsh v. StateCourt of Criminal Appeals of Texas · 1908
3Cited by9 opinions
- Nord v. Butte Water Co.Montana Supreme Court · 1934
- Title G. Etc. Co. v. Railroad CommissionCalifornia Supreme Court · 1914
- Birmingham W. W. Co. v. HernandezSupreme Court of Alabama · 1916
- Millville Improvement Co. v. Millville Water Co.New Jersey Court of Chancery · 1921
- City of Baxter Springs v. Estate of BilgerSupreme Court of Kansas · 1922
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