City of Atlanta v. Burton
Supreme Court of Georgia
Municipal corporation. Water rate. Duress. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1892. The City of Atlanta ordained that all water-closets having sewer connection “shall also have proper water connection from the city water-works, or from private windmills or water works where there is an ample flow of water, and all of said water-closets shall be so flushed with water of sufficient flow and strength as will prevent the accumulation of offensive…
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Municipal corporation. Water rate. Duress. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1892. The City of Atlanta ordained that all water-closets having sewer connection “shall also have proper water connection from the city water-works, or from private windmills or water works where there is an ample flow of water, and all of said water-closets shall be so flushed with water of sufficient flow and strength as will prevent the accumulation of offensive matter, and will safely and promptly carry off'the same into the sewer” ; and that any person using, controlling or…
1Opinion of the Court
Lumpkin, Justice.
There can be no doubt, we think, that the provision of the charter of Atlanta quoted in the head-note did not contemplate an exclusively cash system in the furnishing of water by the city. If this had been intended, nothing would have been said about “arrears, with interest thereon.” It is true that if the city required monthly payments in advance, which would be the only way of enforcing a strictly cash system, a citizen might make default in paying at the beginning of a particular month, but his water would be promptly cut off, and there could be no charge against the…
2Cases cited1 opinion
- Sheward v. Citizens' Water Co.California Supreme Court · 1891
3Cited by27 opinions
- Turner v. Revere Water Co.Massachusetts Supreme Judicial Court · 1898
- Davis v. WeirCourt of Appeals for the Fifth Circuit · 1974
- Dodd v. City of AtlantaSupreme Court of Georgia · 1922
- Loring v. Commissioner of Public WorksMassachusetts Supreme Judicial Court · 1928
- Linne v. BredesWashington Supreme Court · 1906
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