Opinion · Supreme Court of the United States

Madera Water Works v. Madera

Madera Water Works v. Madera, 228 U.S. 454 (1913)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1913-04-28
Topic
general

Mr. Justice Holmes delivered the opinion of the court. This is a bill in equity to restrain the City of Madera from proceeding with the construction of a water plant in competition with one that the plaintiff and its predecessors have built under the constitution of the State. The. Circuit Court sustained a demurrer and dismissed the bill. 185 Fed.

Citator

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Cited by
42 opinions

Headnotes

  1. Constitutional Law — Contracts Clause Where a state constitution authorizes municipalities to construct utility plants both before and after private parties have built competing plants, one who constructs such a plant assumes the risk of subsequent municipal competition and cannot invoke the Fourteenth Amendment to protect against loss caused by the erection of a competing municipal plant. 228 U.S. 454 (Holmes, J.)
  2. Constitutional Law — Contracts Clause A state constitutional provision permitting private persons or corporations to lay water pipes in municipal streets, subject to municipal regulation of charges, does not constitute an express or implied contract that the municipality will refrain from constructing its own competing water works. 228 U.S. 454 (Holmes, J.)
  3. Constitutional Law — Contracts Clause The possibility that subsequent municipal competition will prove ruinous, though recognized, is not sufficient to justify implying a contract that the municipality will not compete with private works built under a state constitutional privilege. 228 U.S. 454 (Holmes, J.)
  4. Constitutional Law — Contracts Clause Private persons granted privileges by a municipality are confined to the letter of their express grant; a contract by a city not to grant to others the same privileges it had given the plaintiff does not preclude the city itself from constructing its own water works. 228 U.S. 454 (Holmes, J.)
  5. Constitutional Law — Fourteenth Amendment Absent any contract, a private water company stands in the same legal position as if the state constitution had expressly warned of the competition, and the avoidance of loss from municipal competition is left to the municipality's sense of justice rather than protected by the Fourteenth Amendment. 228 U.S. 454 (Holmes, J.)