Webb City & Carterville Waterworks Co. v. City of Webb City
Missouri Court of Appeals
Appeal from the Jasper Gircuit Court. — Hon. J. D. Perkins, Judge, (1) Under section 4940, Revised Statutes 1879, which was in force at the time ordinance numbered 93 (now 32) was passed, defendant was given the power to prevent and extinguish fires, but no power was given to erect a system of waterworks for the purpose of supplying the city and the inhabitants thereof with water, or to contract with any person, company or association, giving to such person, company or…
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Appeal from the Jasper Gircuit Court. — Hon. J. D. Perkins, Judge, (1) Under section 4940, Revised Statutes 1879, which was in force at the time ordinance numbered 93 (now 32) was passed, defendant was given the power to prevent and extinguish fires, but no power was given to erect a system of waterworks for the purpose of supplying the city and the inhabitants thereof with water, or to contract with any person, company or association, giving to such person, company or association the exclusive right to furnish a system of waterworks for the use of the city for any length of time whatever,…
1Opinion of the Court
SMITH, P. J.-
This is an action which was brought by the plaintiff, an incorporated water company, against the defendant, a city of the fourth class, to recover the sum of $1,187.50 for the use and rent of ninety-five fire hydrants for the months of July, August and September, 1894, under the terms of a contract entered into between the plaintiff’s assignor, James O’Neill, and the defendant. *425On the twenty-fifth day of July, 1889, the council of the defendant passed an ordinance which was duly approved
Statement. by the mayor and attested by the city clerk, whereby there was granted to James…
2Cases cited10 opinions
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- Saleno v. City of NeoshoSupreme Court of Missouri · 1895
- State ex rel. City of St. Louis v. Laclede Gaslight Co.Supreme Court of Missouri · 1890
- Carroll v. CampbellSupreme Court of Missouri · 1891
- Intendant of Livingston v. PippinSupreme Court of Alabama · 1858
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3Cited by3 opinions
- City of Carthage v. Carthage Light Co.Missouri Court of Appeals · 1902
- Schlett v. Antonia Fire Protection DistrictMissouri Court of Appeals · 1985
- Opinion No. (1990), Missouri Attorney General Reports1990