Davenport Gas & Electric Co. v. City of Davenport
Supreme Court of Iowa
Appeal from Scott District Court. — Hon. P. B. Wolke, Judge. On the 6th day of February, 1896, the defendant city of Davenport passed an ordinance authorizing the plaintiff “ to erect and maintain a gas, electric light, and steam-heating plant within said city, and to enter upon and occupy the streets, avenues, alleys, and public grounds ” thereof * * * “ with its pipes, mains, conduits, poles, posts, wires, and other appliances ” for the period of twenty-five years after…
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Appeal from Scott District Court. — Hon. P. B. Wolke, Judge. On the 6th day of February, 1896, the defendant city of Davenport passed an ordinance authorizing the plaintiff “ to erect and maintain a gas, electric light, and steam-heating plant within said city, and to enter upon and occupy the streets, avenues, alleys, and public grounds ” thereof * * * “ with its pipes, mains, conduits, poles, posts, wires, and other appliances ” for the period of twenty-five years after June 1, 1896. The ordinance provided for the immediate construction of such a plant, and that the plaintiff could purchase…
1Opinion of the Court
Sherwin, J.-
1. mandatory ‘ 'ORDER: , demand. The trial court found, and it is conceded by the appellee here, that the provision of the ordinance for fixing the price of lights after the 1st of June, 1901, in case of a disagreement between the , . _ parties, was void. But the city was ordered to fix a fair and reasonable price for the service *27for the five-year period following that date. At the time the amendment asking this order was filed, no demand therefor had been made upon the city, as required by section 4346 of the Code, but the city had long before that passed a resolution annulling…
2Cases cited8 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- Freeport Water Co. v. Freeport CitySupreme Court of the United States · 1901
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
- City of Danville v. Danville Water Co.Illinois Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Calumet Service Co. v. City of ChiltonWisconsin Supreme Court · 1912
- Massey v. City Council of Des MoinesSupreme Court of Iowa · 1948
- Miller v. Incorporated Town of MilfordSupreme Court of Iowa · 1937
- Raney v. County CommissionersCourt of Appeals of Maryland · 1936
- Ebert v. ShortSupreme Court of Iowa · 1925
5 more not listed; retrieve them via the Exa API.