Legal Opinion

Boise Artesian Hot & Cold Water Co. v. Boise City

Supreme Court of the United States

Decided June 16, 1913No. Nos. 573 and 639PublishedCited by 61 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF IDAHO. The facts, which involve the constitutionality under the contract clause of. the Federal Constitution'of an-ordinance of Boise City, Idaho, affecting a franchise for using the streets of the city for water supply purposes and the liability of the city for water supplied to it, are stated in the opinion.

1Opinion of the CourtJustice Lurton

These cases come here from the District Court direct, upon a writ of error sued out by the Water Company, and a cross writ of error sued out by Boise City, the defendant below.

The Water Company is a corporation of West Virginia, authorized to carry on its business in Idaho. It brought this action to recover from the city, for water furnished for fire purposes. The city defended upon several grounds, only two being now urged. The first was that the Water Company was under a statutory obligation to furnish water for fire purposes free of charge; and the second, that the city was under no legal…

2Cases cited6 opinions

  1. Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
  2. Loeb v. Columbia Township TrusteesSupreme Court of the United States · 1900
  3. Field v. Barber Asphalt Paving Co.Supreme Court of the United States · 1904
  4. City of Louisville v. Cumberland Telephone & Telegraph Co.Supreme Court of the United States · 1912
  5. Jack v. Village of GrangevilleIdaho Supreme Court · 1903

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3Cited by61 opinions

  1. Frost v. Corporation Comm'n of Okla.Supreme Court of the United States · 1929
  2. Russell v. SebastianSupreme Court of the United States · 1914
  3. New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
  4. State ex rel. Triay v. BurrSupreme Court of Florida · 1920
  5. Northwestern Laundry v. City of Des MoinesSupreme Court of the United States · 1916

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