Asher v. Hutchinson Water, Light & Power Co.

Citations

• 66 Kan. 496
• 71 P. 813
• 61 L.R.A. 52
• 1903 Kan. LEXIS 88

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities and City Oeeicers — Water-works—Removal of Mains. A contract by ordinance between a city and a water company, that the latter will lay water-mains and supply the inhabitants with water on certain streets of the city, may, after such mains are laid, be so modified and changed by the city and water company as to require the latter to remove its mains from certain streets where, in the judgment of the council, public necessity no longer requires their continuance, to other portions of the city where public necessity requires that mains should be laid, and injunction will not lie, at the suit of an individual, to prohibit the city and water company from making such change, notwithstanding it may greatly decrease the value of his property.</p> <p>2. -Injunction by Individual will not Lie. Where a city determines that the public welfare will be best subserved by removing to another part of the city certain water-mains upon which there are seventeen fire-hydrants maintained at public expense, and where there is no demand for fire protection and but one private consumer, injunction will not lie, at the suit of such private consumer, to restrain the removal of such mains, notwithstanding the removal thereof would render his property practically valueless for the purpose for which it was improved.</p>