Waterloo Water Co. v. Hoxie
Supreme Court of Iowa
Appeal from Blade Haivle District Court. — Hon. D. J. Lenehan, Judge. The plaintiff is a corporation located and doing business in the city of Waterloo, Iowa, and was incorporated for the purpose of supplying said city with water for public and private purposes for a period of twenty years, by virtue of a contract therewith.
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Appeal from Blade Haivle District Court. — Hon. D. J. Lenehan, Judge. The plaintiff is a corporation located and doing business in the city of Waterloo, Iowa, and was incorporated for the purpose of supplying said city with water for public and private purposes for a period of twenty years, by virtue of a contract therewith. By ordinance of the city the plaintiff is permitted, and by its contract it is required, to provide and lay or place all necessary pipes, conduits, mains, and other necessary means to supply water for said city, and to supply and operate the necessary machinery for that…
1Opinion of the CourtGranger, J.
The motion, to dissolve the injunction was tried upon affidavits in support of questions of fact tending to show the entire situation of the lot and the depot grounds, and the necessity for the plaintiff company to use the strip in question, at present, in the performance of its contract with the public, and also the probability of such use being required by the future growth of the city. The appellees insist that equity will not entertain the suit to determine the merits of the case presented, because the plaintiff has other available remedies to which it should resort, and among them it is…
2Cases cited4 opinions
- Keokuk & Northwestern Railway Co. v. DonnellSupreme Court of Iowa · 1889
- Western Maryland Railroad v. PattersonCourt of Appeals of Maryland · 1872
- Stough v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1887
- C. I. R. v. M. & A. R.Supreme Court of Iowa · 1881
3Cited by6 opinions
- Connolly v. Des Moines & Central Iowa Railway Co.Supreme Court of Iowa · 1955
- Laplant v. City of MarshalltownSupreme Court of Iowa · 1907
- Davis v. Des Moines & Ft. Dodge R. R.Supreme Court of Iowa · 1912
- Town of Alvord v. Great Northern Railway Co.Supreme Court of Iowa · 1917
- South & Western Railway Co. v. Virginia & Southwestern Railway Co.Supreme Court of Virginia · 1905
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