City Water Co. v. City of Chillicothe

Citations

• 207 F. 503
• 125 C.C.A. 165
• 1913 U.S. App. LEXIS 1640

Syllabus

<p>1. Waters and Water Courses (§ 188*) — Water Companies — Municipal Grants and Contracts.</p> <p>Where a city ordinance, entering into a contract with and granting a franchise to a water company, specifics a definite term for its duration, the rights of the company and the obligation of the city under its contract terminate on the expiration of such term, and cannot be enlarged by implication.</p> <p>[Ed. Note.—For other cases, see Waters and Water Courses, Cent. Big. §§ 287, 288; Bee. Big. § 188.*]</p> <p>2. Waters and Water Courses (§ 200*)—-Water Companies—Contract with City—Duration.</p> <p>Such an ordinance limited the franchise of the company to 20 years and hound the city to pay hydrant rentals for “the full term as hereinbefore specified.” Held, that the obligation of the city to pay such rentals terminated at the end of 20 years, and the contract was not extended by the fact that the city permitted the company to occupy tlie streets with its pipes thereafter.</p> <p>[Ed. Note.—For other cases, see Waters and Water Courses, Cent. Big. § 274; Dec. Dig. § 200.*]</p> <p>3. Waters and Water Courses (§ 200*)—Water Companies—Liability of City for Hydrant Rentals—Implied Contract.</p> <p>Under Rev. St. Mo. 1909, § 2778, which provides that no city or town shall make any contract, except in writing, etc., as construed by the Supreme Court of tlie state, a city cannot be held liable to a water company for hydrant rentals, after the expiration of the written contract between them, on the ground of holding over as lessee or any other ground of implied contract.</p> <p>[ltd. Note.-—For- other cases, see Waters and Water Courses, Cent. Dig. § 274; Dec. Dig. § 200.*]</p> <p>4. Waters and Water Courses (§ 200*)—Water Companies—Liability of City for Water—Conversion.</p> <p>A city cannot be held liable in tort for the conversion of water, which it used from fire hydrants of a water company without any contract therefor, where it appears that such use was with the company'