Capen v. City of Portland

No question is raised here as to the authority of the city to make this purchase under its authority to provide parks, the sole question being whether a golf links is of such public importance as to constitute a public utility within the meaning of the law.

We find in the text-books no exact definition of a public utility; in fact, it would be very difficult to construct a definition that would fit every conceivable case. It has been frequently held that the words “public utility” are synonymous with “public use.” 6 Words & Phrases, 5830; Valley City Salt Co. v. Brown, 7 W. Va. 191; State ex…