State ex rel. City of Benwood v. Benwood & McMechen Water Co.

Litz, Judge:

The City of Benwood, a municipal corporation, seeks by petition to this Court a peremptory writ of mandamus, commanding Benwood & McMechen Water Company, a corporation, to remove its water main lying on, in and beneath Eighth Street of said city, and relay the same under and beneath the sidewalk bordering this street on the north.

The petition states that the petitioner is a municipal corporation within the county of Marshall, State of West Virginia, and as such has power and authority granted to it, and reposing in its comition council, by its charter and by general law, to lay…