Hurt & Son v. Myers & Axtell

Citations

• 83 Va. 167
• 1 S.E. 911
• 1887 Va. LEXIS 50

Syllabus

<p>Construction of Statutes&emdash;Contracts&emdash; Water rates.&emdash;The property and franchises of the James River and Kanawha Canal Co. were purchased under an act approved February 27th, 1879, by the R. & A. Railroad Co. This act directs that all then existing leases of water privileges along the line of the canal, ‘ ‘ shall be respected and maintained at rates not exceeding the present rates.” The lessees contended that this act perpetuates, at their option, all leases of water privileges existing at its passage&emdash;</p> <p>Held :</p> <p>This act does not forbid the company to increase the water rates, except only where to do so would violate “ existing contracts.”</p>