Cherryvale Water Co. v. City of Cherryvale
Supreme Court of Kansas
Frror from Montgomery district court; Thos. J. Flannelly, judge. STATEMENT. On the 25th day of June, 1885, the city of Cherry-vale, a city of the second class, by ordinance No. 13, duly passed, entered into a contract in which it granted to J. A. O'Neil, his associates, successors, or assigns, for the term of twenty-one years, the right to lay pipes in all of the city streets and alleys, and granted “the privilege to construct, operate and maintain a system of water-works in…
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Frror from Montgomery district court; Thos. J. Flannelly, judge. STATEMENT. On the 25th day of June, 1885, the city of Cherry-vale, a city of the second class, by ordinance No. 13, duly passed, entered into a contract in which it granted to J. A. O'Neil, his associates, successors, or assigns, for the term of twenty-one years, the right to lay pipes in all of the city streets and alleys, and granted “the privilege to construct, operate and maintain a system of water-works in the corporate limits of the city, for supplying the city and citizens with water for domestic and sanitary purposes, as…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
When ordinance No. 13 was passed by the city council, approved by the mayor, and its terms accepted by the water company, the city had power, which power still exists, to purchase or condemn land' for water-works purposes and to provide the city with water. (Gen. Stat. 1901, §1001; Water*228works Co. v. City of Columbus, 48 Kan. 99, 28 Pac. 1097, 15 L. R. A. 354.)
In the making of such contract the city exercised g-ucm'-private power and was governed by the rules applicable to an individual or a private corporation. ( The State v. Water Co., 61…
2Cases cited17 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- State Board of Agriculture v. Citizens Street Railway Co.Indiana Supreme Court · 1874
- Coles v. PeckIndiana Supreme Court · 1884
- Caldwell v. FrazierSupreme Court of Kansas · 1902
- Studer v. . BleisteinNew York Court of Appeals · 1889
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3Cited by8 opinions
- Castle Creek Water Co. v. City of AspenCourt of Appeals for the Eighth Circuit · 1906
- Edson v. City of OlatheSupreme Court of Kansas · 1909
- Frost v. City of TopekaSupreme Court of Kansas · 1916
- Slocum v. City of North PlatteCourt of Appeals for the Eighth Circuit · 1911
- Galena Water Co. v. City of GalenaSupreme Court of Kansas · 1906
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