United States Supreme Court Cases & Opinions

U.S. Supreme Court

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

Madera Water Works v. Madera

No. 229

Argued April 17, 18, 1913

Decided April 28, 1913

228 U.S. 454

Syllabus

If the constitution of the state authorizes municipalities to construct utility plants as well after as before such plants have been built by private parties, one constructing such a plant takes the risk of what may happen, and cannot invoke the Fourteenth Amendment to protect him against loss by the erection of a municipal plant.

There is nothing in the Constitution of California that can be construed as a contract, express or implied, that municipalities will not construct water works that will compete with privately owned works built under the provisions of the constitution giving the right, subject

Page 228 U. S. 455

to municipal regulation of charges, to lay mains in the street of municipalities where there are no public work.

185 F.2d 1 affirmed.

The facts are stated in the opinion.