Chapman Valve Manufacturing Co. v. Oconto Water Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oconto county: Samuel D. Hastings, Jb., Circuit Judge. The defendant is a corporation organized under ch. 86, R. S., for the purpose of supplying to tbe city of Oconto, AVis., and its inhabitants, water for protection against fire and for domestic, manufacturing, and other purposes.
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Appeal from a judgment of the circuit court for Oconto county: Samuel D. Hastings, Jb., Circuit Judge. The defendant is a corporation organized under ch. 86, R. S., for the purpose of supplying to tbe city of Oconto, AVis., and its inhabitants, water for protection against fire and for domestic, manufacturing, and other purposes. It was authorized by ordinance of the common council of the city of Oconto to construct, operate, and maintain a system of waterworks in that city for thirty years. After its system of Avaterworks had been completed, it was accepted by the common council as being in…
1Opinion of the CourtNbwMAN, J.
The instant case is an action for a statutory lien upon the entire waterworks plant of the defendant, or, if that is denied, upon the valves furnished by the plaintiff, as machinery which may be removed.
In Wilkinson v. Hoffman, 61 Wis. 637, this court held, on grounds of public policy and convenience, that a mechanic’s lien was not given by sec. 3314, R. S., against machinery placed in a building which was a part of a waterworks plant owned by a city and held for public use. It was said that: “ The public inconvenience which wpuld result from having such machinery removed is too obvious and…
2Cases cited28 opinions
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
- Conway v. Taylor'sSupreme Court of the United States · 1862
- Wilmington Railroad v. Reid, SheriffSupreme Court of the United States · 1872
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3Cited by15 opinions
- Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
- Electric Appliance Co. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1901
- Merrill Railway & Lighting Co. v. City of MerrillWisconsin Supreme Court · 1903
- Wright v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1897
- Chicago & Northwestern Railway Co. v. Forest CountyWisconsin Supreme Court · 1897
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