Webb City & Carterville Waterworks Co. v. City of Carterville
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Thomas Hackney, Special Judge. (1) The power given the mayor and the board of aldermen of the defendant city by section 4940, Revised Statutes of 1879, and by section 1589, Revised Statutes of 1889, “to prevent and extinguish fires,” and to provide for the police, health and general welfare, includes the power to provide a supply of water. 1 Dillon, Mun.
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Appeal from Jasper Circuit Court. — Hon. Thomas Hackney, Special Judge. (1) The power given the mayor and the board of aldermen of the defendant city by section 4940, Revised Statutes of 1879, and by section 1589, Revised Statutes of 1889, “to prevent and extinguish fires,” and to provide for the police, health and general welfare, includes the power to provide a supply of water. 1 Dillon, Mun. Corp. [4 Ed.], secs. 143-146; Allen v. Taunton, 19' Pick. 485; Hwmeman v. Fire District, 37 Yt. 40; Green v. Cape May, 41 N. J. L. 45; Van SecUenv. Burlington, 27 Yt. 70; Livingstone v. Pippen, 31 Ala.…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff as the assignee of one James O’Neil against defendant for the sum of $5,406.75, alleged to be due plaintiff from defendant for hydrant rental. There was judgment for defendant in the circuit court, from which plaintiff appealed.
On or about the twenty-seventh day of July, 1889, the board of aldermen of the defendant city, by ordinance duly passed numbered 27, granted to said O’Neil, his associates and assigns, for the full period of twenty years from the completion thereof, the exclusive right to construct, erect and operate in said city a system of waterworks,…
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