City of Mobile v. Bienville Water Supply Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee, the Bienville Water Supply Company, against the City of Mobile, J. Curtis Bush, asi the mayor of said city, and Michael Sullivan, as superintendent of the Mobile City Water Works Company.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee, the Bienville Water Supply Company, against the City of Mobile, J. Curtis Bush, asi the mayor of said city, and Michael Sullivan, as superintendent of the Mobile City Water Works Company. The bill was filed on May 25, 1900. Upon the demurrers interposed thereto being sustained, the bill was amended on October 6, 1900. As amended, the bill seeks to prohibit the city from discriminating against the Bienville Water Supply Company and its water consumers in the rates…
1Opinion of the CourtHaralson, J.
1. It cannot be pretended, that in granting a charter to the complainant company in 1883, the legislature conferred on that company any exclusive privilege for supplying the city of Mobile and its inhabitants with water. All rights not exclusively granted to the complainant, were reserved and the rights thus reserved included the granting of a franchise to another corporation to carry on the same business in the same territory. I Virile the effect of granting such a franchise, afterwards, to the city, might be to impair and possibly by fair competition to ultimately largely destroy the Amine…
2Cases cited6 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Spring Valley Water Works v. SchottlerSupreme Court of the United States · 1884
- Griffin v. Goldsboro Water Co.Supreme Court of North Carolina · 1898
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3Cited by16 opinions
- City of Texarkana v. WigginsTexas Supreme Court · 1952
- City of Montgomery v. GreeneSupreme Court of Alabama · 1913
- Raywood Rice, Canal & Milling Co. v. ErpTexas Supreme Court · 1912
- Gordon v. DoranSupreme Court of Minnesota · 1907
- Alabama Power Co. v. Cullman County Electric Membership Corp.Supreme Court of Alabama · 1937
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