N. E. Burkitt Motor Co. v. City of Stuart
Supreme Court of Iowa
Appeal from Guthrie District Court. — -Lorin N. Hays, Judge. Action in equity by injunction to restrain the city of Stuart, Iowa, from disconnecting pipes from its steam plant, thereby cutting off heat from buildings owned by appellees, which buildings were being heated by the city under contract with appellees. Decree entered, making the temporary injunction permanent for the time covered by the contracts. Defendants appeal.—
1Opinion of the CourtDb Graff, J.
— The city of Stuart, Iowa, is a city of the second class and owns and operates its municipal electric light and water plants. The city also installed a system in connection therewith which condenses the exhaust steam from its light plant, permitting the re-use of same at high temperature in the boilers of its plant. Through the use of the exhaust steam, the *1355city is enabled ter heat its city hall, jail, firemen’s hall, and public library building.
In 1918, upon the advice of the deputy auditor of state in charge of cities and towns, the city council decided to make further use of the exhaust…
2Cases cited4 opinions
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Mauldin v. Council of GreenvilleSupreme Court of South Carolina · 1890
- Spaulding v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1891
- Brooks v. Incorporated Town of BrooklynSupreme Court of Iowa · 1910
3Cited by3 opinions
- Boehner v. WilliamsSupreme Court of Iowa · 1931
- Beasley v. Assets Conservation Co.Washington Supreme Court · 1924
- Carbon Coal Co. v. City of Des MoinesSupreme Court of Iowa · 1924