Dyer v. City of Newport
Court of Appeals of Kentucky
Case 26. — ACTION BY W. H. DYER AGAINST THE CITY OP NEWPORT TO ENJOIN THE EXECUTION OP A CONTRACT TO SUPPLY WATER TO AN ADJACENT MUNICIPALITY. — Appeal from Campbell Circuit Court. A. S. Berry, Circuit Judge. Judgment for Defendants.
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Case 26. — ACTION BY W. H. DYER AGAINST THE CITY OP NEWPORT TO ENJOIN THE EXECUTION OP A CONTRACT TO SUPPLY WATER TO AN ADJACENT MUNICIPALITY. — Appeal from Campbell Circuit Court. A. S. Berry, Circuit Judge. Judgment for Defendants. Plaintiff appeals. 1. We question the power of the trustees to grant the franchise because the power to establish and maintain water-works is not expressed either in the original charter or in the general provisions for the government of towns of the sixth class. 2. The carrying on of the business of establishing or extending its own water-works beyond the city…
1Opinion of the Court
*205Opinion by
Judge O’Rear.
Reversing.
Newport is a city of the second class. As snch it has the power to provide its citizens with water, and in pursuance of that power has installed and is operating a municipally owned waterworks plant. It was of’ course provided by taxation upon its citizens. Clifton is a municipality lying outside, but alongside, the city of Newport. It was created by an act of the Legislature prior to the adoption of the present Constitution. Its legal autonomy has not since been changed. City of Covington v. District of Highlands, 113 Ky. 612, 24 Ky. L. R. 433; 68 S. W. 669.…
2Cases cited6 opinions
- City of Henderson v. YoungCourt of Appeals of Kentucky · 1904
- Twyman's Admr. v. Board of CouncilCourt of Appeals of Kentucky · 1904
- City of Covington v. District of HighlandsCourt of Appeals of Kentucky · 1902
- City of Lexington v. Batson's Admr.Court of Appeals of Kentucky · 1904
- Mooney v. ClarkSupreme Court of Connecticut · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- American Airlines, Inc., Trans World Airlines, Inc., Eastern Air Lines, Inc. v. Louisville and Jefferson County Air BoardCourt of Appeals for the Sixth Circuit · 1959
- Holmes v. City of FayettevilleSupreme Court of North Carolina · 1929
- Edwards v. City of CheyenneWyoming Supreme Court · 1911
- City of Olive Hill v. Public Service CommissionCourt of Appeals of Kentucky (pre-1976) · 1947
- Taylor v. DimmittSupreme Court of Missouri · 1935
21 more not listed; retrieve them via the Exa API.