City of Pocatello v. Murray
Idaho Supreme Court
Original action by the city of Pocatello, praying a writ of mandate. Demurrer and, answer by the defendant, and demurrer by the plaintiff to defendant’s answer. When property is devoted to a public use, it is subject to public regulation.
Read the full summary
Original action by the city of Pocatello, praying a writ of mandate. Demurrer and, answer by the defendant, and demurrer by the plaintiff to defendant’s answer. When property is devoted to a public use, it is subject to public regulation. (Munn v. Illinois, 94 U. S. 113, 24 L. ed. 77.) “This power of regulation is a power of government continuing in its nature, and if it can be bargained away at all, it can only be by words of positive grant or something which is in law equivalent.” (Railroad Commission Cases, 116 U. S. 325, 6 Sup. Ct. 334, 388, 1191, 20 L. ed. 636; Budd v. New York, 143 U.…
1Opinion of the CourtAilshie, J.
This is an application praying for the issuance of a writ of mandate directed to the defendant commanding and requiring him to appoint commissioners in conformity with the provisions of sec. 2839 of the Rev. Codes, for the purpose of conferring and acting with the commissioners appointed by the plaintiff and fixing and determining rates to be charged by defendant for water furnished to the plaintiff city and the inhabitants thereof.
It appears that the defendant, James A. Murray, is doing business under the name and style of the Pocatello Water Co., and that as such he is the owner of the…
2Cases cited22 opinions
- Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Londoner v. City and County of DenverSupreme Court of the United States · 1908
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
17 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bethlahmy v. BechtelIdaho Supreme Court · 1966
- Idaho Mutual Benefit Ass'n v. RobisonIdaho Supreme Court · 1944
- Addy v. StewartIdaho Supreme Court · 1949
- Sandpoint Water & Light Co. v. City of SandpointIdaho Supreme Court · 1918
- Hill-Vu Mobile Home Park v. City of PocatelloIdaho Supreme Court · 2017
4 more not listed; retrieve them via the Exa API.