Livingston Waterworks v. City of Livingston
Montana Supreme Court
Appeal from District Court, Park County, in the Sixth Judicial District; O. W. Pierson, Judge of the Thirteenth District, presiding. Action by the Livingston Waterworks against the City of Livingston and others. From a judgment for defendants and an order denying a new trial, plaintiff appeals.
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Appeal from District Court, Park County, in the Sixth Judicial District; O. W. Pierson, Judge of the Thirteenth District, presiding. Action by the Livingston Waterworks against the City of Livingston and others. From a judgment for defendants and an order denying a new trial, plaintiff appeals. The power to enter into a contract for a supply of water for a city and its inhabitants includes the power to grant a franchise, to lay and maintain pipes in the streets and operate the plant. (Davenport v. Kleinschmidt, 6 Mont. 502, 13 Pae. 249; State v. City of Great Falls, 19 Mont. 518, 49 Pac. 15;…
1Opinion of the CourtJustice Sanner
In August, 1889, the city of Livingston passed Ordinance No. 24, the effect of which, as amended by Ordinance No. 25 enacted within thirty days thereafter, was to grant to C. S. Stebbins, Isaac Orschel and Samuel Bundock, their successors dr assigns, “the privilege of. constructing and maintaining waterworks in the city of Livingston, * * * and thereby supply said city with as good and wholesome water for public and private uses as can be taken from the main Yellowstone River in the vicinity of Livingston on the following terms and conditions.” The terms and conditions which follow require…
2Cases cited18 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
- Kaufmann v. LiggettSupreme Court of Pennsylvania · 1904
- Castle Creek Water Co. v. City of AspenCourt of Appeals for the Eighth Circuit · 1906
- Davenport v. KleinschmidtMontana Supreme Court · 1887
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3Cited by8 opinions
- Young v. NelsonWashington Supreme Court · 1922
- Allied Disposal, Inc. v. Bob's Home Service, Inc.Missouri Court of Appeals · 1980
- Fountain v. FountainSupreme Court of New Jersey · 1952
- Bean v. HolmesCourt of Appeals of Texas · 1921
- Dial Toaster Corp. v. Waters-Genter Co.Supreme Court of Minnesota · 1930
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