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CHAPTER VI.

TORTS.

Dargan v. Mayor, etc., of Mobile..

Bailey et al. v. Mayor, etc., of New York.

Eastman v. Town of Meredith...

Mills et al. v. City of Brooklyn....

636

637

642

644

CHAPTER VII.

DEBTS, FUNDS AND TAXES.

Meriwether v. Garrett...

647

Darling et al. v. The Mayor and City Council of Baltimore 651

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People ex rel. Insurance Company v. Williams..
Robertson v. Robinson...

680 683

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Tracy v. Swartwout....
Gillespie v. Palmer..

690 692

LEADING ILLUSTRATIVE CASES LAW OF PUBLIC SERVICE COMPANIES-ESPECIALLY

COMMON CARRIERS

PART I

ESTABLISHMENT OF PUBLIC DUTY

CHAPTER I.

PUBLIC EMPLOYMENT.

Effect of Natural Monopoly.
HAUGEN V. ALBINA LIGHT AND WATER CO.

21 Ore. 411, 28 Pac. 244. 1891. This is an action for a writ of mandamus to require the defendant to supply the plaintiff with water by tapping a certain water-main on Tillamook Street, and allowing him to connect a service-pipe therewith. LORD, J.

It must then be conceded that the defendant is engaged in a business of a public and not of a private nature, like that of ordinary corporations engaged in the manufacture of articles for sale, and that the right to dig up the streets, and place therein pipes or mains for the purpose of conducting water for the supply of the city and its inhabitants, according to the express purpose of its incorporation, and the business in which it is engaged, is a franchise, the exercise of which could only be granted by the State, or the municipality acting under legislative authority.

In such case,

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