National Waterworks Co. v. City of Kansas
| Decision Date | 22 October 1886 |
| Citation | 28 F. 921 |
| Parties | NATIONAL WATER-WORKS CO. 0F NEW YORK v. CITY OF KANSAS. |
| Court | U.S. District Court — Western District of Missouri |
T. A F. Jones, for plaintiff.
Scarritt & Alderson, for defendant.
This is an action for damages. The plaintiff is the owner of the Kansas City Water-works, and the facts upon which the claim is founded are these: In 1883 plaintiff laid a water-pipe on East Eighth street. This was a street whose grade had been established, and the plaintiff was directed by the city to lay a water-pipe therein, and the same was laid, in the place and manner directed by the city. In the year 1884 the city dug a sewer on said Eighth street, in the same part of the street in which the plaintiff's water-pipe had been laid, in consequence whereof the plaintiff was compelled to take up and lay its pipe in another place. It is alleged that there was ample room and space for said sewer elsewhere in said street, and where it could be easily and safely located. For the cost and expense of this relocation and relaying of its water-pipes this action is brought.
By an act of the legislature of 1873, the city of Kansas was authorized to construct water-works, or to grant to any person or corporation the right to erect and operate such water-works, upon such terms and conditions as should be agreed on in a contract therefor. In the fall of that year an ordinance was passed authorizing the plaintiff to construct such water-works, the provisions of which, being accepted by the plaintiff, constituted the contract between the parties. In this ordinance it was provided as follows: 'The city reserves to itself the right, at all times, to make and enforce all reasonable and proper regulations as to the place where pipes may be laid in streets, avenues, lanes, alleys and public highways, and the conducting of all operations thereon and therein by said company. ' Also that 'the city of Kansas, by its authorized agent or agents, shall have a right to designate on what streets, avenues, lanes, or alleys water-pipes shall be laid and fire hydrants placed and the places at which the said hydrants shall be located but said company shall not be required to lay pipes on any street, avenue, lane, or alley on which the grade shall not have been established; and the places for the location of hydrants shall be designated by the city, as aforesaid, at such times and in such manner as not to impede or interfere with the laying of pipes by the company. ' By article 9 of the amended charter of Kansas City the common council was given general control of the...
To continue reading
Request your trial
-
Southern California Gas Co. v. City of Los Angeles
...15 Tex.Civ.App. 1, 39 S.W. 136, 138; Anderson v. Fuller, 51 Fla. 380, 41 So. 684, 688, 6 L.R.A.,N.S., 1026; National Water Works Co. v. City of Kansas, C.C. 28 F. 921, 922-923; cf., City of Los Angeles v. Los Angeles Gas & Electric Corp., 251 U.S. 32, 39-40, 40 S.Ct. 76, 64 L.Ed. 121; State......
-
Qwest Corp. v. City of Chandler
...it does not make the common-law rule inapplicable. One of the cases cited in New Orleans Gaslight is Nat'l Water-Works Co. of N.Y. v. City of Kan., 28 F. 921 (6th Cir.1886). In that case, in 1873 the city passed an ordinance authorizing it to designate the specific streets where water pipes......
-
First Nat. Bank of Boston v. Maine Turnpike Authority
...be required in the interest of the public health and welfare. These views are amply sustained by the authorities. National Waterworks Co. v. City of Kansas, C.C., 28 F. 921, in which the opinion was delivered by Mr. Justice Brewer, then Circuit Judge; Gaslight & Coke Co. v. Columbus, 50 Ohi......
-
Bismarck Water Supply Company v. City of Bismarck
... ... Broat, 16 Barb. 337; 1 ... Lewis, Em. Dom. 2d ed. p. 300, § 121c, note 74; ... National Waterworks Co. of New York City v. City of ... Kansas, 28 F. 921 (Mo. Case); Quincy v. Bull, ... ...