City of Louisville v. Louisville Water Co.
Court of Appeals of Kentucky
Case 90 — INJUNCTION I. The appellee was bound under the law to lay its water mains in accordance with the rules and regulations laid down by the board of public works. 2. The appellee’s charter did not give to it any exclusive privilege or power of regulation and control of the city of Louisville. 2. Section 1G3 of the Constitution takes away the right of the water company, if ever it had such right, to construct its pipes and mains in the streets of the city of Louisville…
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Case 90 — INJUNCTION I. The appellee was bound under the law to lay its water mains in accordance with the rules and regulations laid down by the board of public works. 2. The appellee’s charter did not give to it any exclusive privilege or power of regulation and control of the city of Louisville. 2. Section 1G3 of the Constitution takes away the right of the water company, if ever it had such right, to construct its pipes and mains in the streets of the city of Louisville without the consent of the general council or the board of public works. 4. The board of public works is given exclusive…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion op the court.
While appellee was putting down a water main on Edwards street, or about to do so, its servants were arrested by the city authorities for interfering with the street without the consent of the Board of Public Works or General *756Council. Appellee then brought this suit to enjoin the city from obstructing its work, on, the ground that it has the right to construct its mains in the streets, under its charter, without first obtaining' the consent of the city authorities. It appears that appellee has exercised this right over thirty years without…
2Cases cited2 opinions
- Elizabethtown & Paducah R. R. Co. v. Trustees of ElizabethtownCourt of Appeals of Kentucky · 1876
- Harrison v. CommonwealthCourt of Appeals of Kentucky · 1885
3Cited by20 opinions
- City of Louisville v. Board of EducationCourt of Appeals of Kentucky · 1913
- Button v. HikesCourt of Appeals of Kentucky (pre-1976) · 1943
- Barker v. CrumCourt of Appeals of Kentucky · 1917
- Commonwealth v. Kentucky Distilleries & Warehouse Co.Court of Appeals of Kentucky · 1911
- Sewell v. BennettCourt of Appeals of Kentucky · 1920
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