Contra Costa Water Co. v. City of Oakland

Citations

• 165 F. 518
• 1904 U.S. App. LEXIS 5090

Syllabus

<p>1. Judgment (§ 663*) — Judgments Operative as Bar — Effect of Appeal.</p> <p>Under the rule of decision in' California binding on the federal courts, the perfecting of an appeal from a judgment suspends such judgment for all purposes, and deprives it of its effect as an estoppel.</p> <p>[Ed. Note. — For other cases, see Judgment, Cent. Dig. § 1174; Dec. Dig. § 663.*]</p> <p>2, Judgment (§ 828*) — Foreign Judgments — Effect of Judgment of State Court in Federal Court.</p> <p>On an application for a preliminary injunction a judgment between the parties rendered by a state court, although not an estoppel, may properly be given consideration as to pertinent matters which were therein determined.</p> <p>[Ed. Note. — For other cases, see Judgment, Dec. Dig. § 828.*</p> <p>Conclusiveness as between federal and state courts, see notes to 21 C. C. A. 478 ; 49 C. C. A. 468.]</p> <p>’8. Waters and Water Courses (§ 203*) — Water Companies — Ordinances Fixing Rates — Reasonableness of Rates.</p> <p>A water company is entitled to receive from rates collected an income which will enable it to pay its actual operating expenses, interest on its bonded or other indebtedness so far as that indebtedness represents money properly expended in or upon its property, and to pay a reasonable dividend on its capital stock so far as the stock represents money actually received and so invested, and in addition thereto a sum sufficient to cover the annual depreciation of its plant.</p> <p>[Ed. Note. — For other cases, see Waters and Water Courses, Dec. Dig. § 203.*]</p> <p>4. Injunction (§ 137*) — Preliminary Injunction — Questions Considered on Application.</p> <p>It is a settled rule for the guidance of the discretion of courts on applications for preliminary injunctions to look to the balance of injury and inconvenience, and to consider whether a greater injury will be done by granting than by refusing an injunction. «</p> <p>[Ed. Note. — For other cases, see Injunction, Cent. Dig. § 307;