Farkas v. City of Albany
Supreme Court of Georgia
Petition for injunction. Before Judge Cox. Dougherty superior, court. March 24, 1914. The board of water, gas, and electric-light commissioners of the .City of Albany, claiming authority under the charter, adopted a rule providing that no water should be furnished on any premises except through a meter furnished and installed at cost by the city on the sidewalk in front of the premises, and providing that water should be cut off from the premises for a violation of the rule.
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Petition for injunction. Before Judge Cox. Dougherty superior, court. March 24, 1914. The board of water, gas, and electric-light commissioners of the .City of Albany, claiming authority under the charter, adopted a rule providing that no water should be furnished on any premises except through a meter furnished and installed at cost by the city on the sidewalk in front of the premises, and providing that water should be cut off from the premises for a violation of the rule. Meters were installed and connected with the premises of Sam Farkas, who owned a number of lots in the City of Albany.…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. Where a municipal corporation owns and maintains waterworks, it may, under proper legislative authority in its charter, require that consumers shall, at their own expense, provide meters; *834or, if the charter so authorizes, it may install the meters at the expense of the consumers. This is supported by what we consider the better reasoned eases. State v. Gosnell, 116 Wis. 606 (93 N W. 542, 61 L. R. A. 33); Cooper v. Goodland, 80 Kans. 121 (102 Pac. 244, 23 L. R. A. (N. S.) 410); Mallon v. Board of Water Commissioners, 144 Mo. App. 104 (128 S. W. 764);…
2Cases cited8 opinions
- State ex rel. Hallauer v. GosnellWisconsin Supreme Court · 1903
- Mallon v. Board of Water CommissionersMissouri Court of Appeals · 1910
- Powell v. City of DuluthSupreme Court of Minnesota · 1903
- Albert v. DavisNebraska Supreme Court · 1896
- Cooper v. City of GoodlandSupreme Court of Kansas · 1909
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3Cited by6 opinions
- Dodd v. City of AtlantaSupreme Court of Georgia · 1922
- Stephenson v. PowellSupreme Court of Georgia · 1929
- Robertson v. EasleyCourt of Appeals of Georgia · 1917
- Hinderlider v. EverettSupreme Court of Colorado · 1933
- Sierra Pac. Power Co. v. City of RenoDistrict Court, D. Nevada · 1940
1 more not listed; retrieve them via the Exa API.