Henderson Water Co. v. Trustees of Henderson Graded Schools
Supreme Court of North Carolina
Appeal by plaintiff from 0. II. Alien, J., May Term, 1909, of YaNCe. (PLAINTIEE’s appeal.) This was a controversy without action.
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Appeal by plaintiff from 0. II. Alien, J., May Term, 1909, of YaNCe. (PLAINTIEE’s appeal.) This was a controversy without action. The pertinent facts, out of which this controversy arose, are as follows: The town of Henderson, a municipal corporation, granted, in 1892, to the assignors of plaintiff a franchise for forty years to supply water for fire purposes and other public uses, and to its inhabitants, at a fixed maximum rate of charges, and prescribed the standard of efficiency,- granting to said assignors of plaintiff the right to lay their pipes and mains under the streets and other…
1Opinion of the Court
MANNING, J.,
after stating the facts: The plaintiff contended that it was not bound by the franchise-contract with the town of Henderson to furnish any water free of charge to the public sehpols under the control and management of the defendant, the *175Board of Trastees of tbe Henderson. Graded Schools. It based its contention before us upon tbe following grounds: (1) That the stipulation in tbe franchise-contract, to-wit, “Water shall be furnished free of charge, etc.; also for churches, public schools,” was invalid, because ultra vires of the town of Henderson. (2) That those words can embrace…
2Cases cited16 opinions
- Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Smith v. . KerrNew York Court of Appeals · 1888
- Robinson v. Goldsboro.Supreme Court of North Carolina · 1904
- Wadsworth v. Concord.Supreme Court of North Carolina · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City of Saginaw v. Consumers' Power Co.Michigan Supreme Court · 1921
- Elizabeth City v. . BanksSupreme Court of North Carolina · 1909
- Red Springs Hotel Co. v. Town of Red SpringsSupreme Court of North Carolina · 1911
- Edgerton v. Goldsboro Water Co.Supreme Court of North Carolina · 1900
- State v. . SlagleSupreme Court of North Carolina · 1921
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