{
  "id": 11270871,
  "name": "SHUTE SEWERAGE COMPANY et al. v. CITY OF MONROE",
  "name_abbreviation": "Shute Sewerage Co. v. City of Monroe",
  "decision_date": "1913-05-13",
  "docket_number": "",
  "first_page": "275",
  "last_page": "276",
  "citations": [
    {
      "type": "official",
      "cite": "162 N.C. 275"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.463,
    "pagerank": {
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    "sha256": "28b42236606476684f80589c042f5de23ee2840f216464a1e511432cf0329e94",
    "simhash": "1:10f4090f34bdb000",
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  "last_updated": "2023-07-14T16:55:37.824965+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Hoke and AlleN, JJ., dissenting."
    ],
    "parties": [
      "SHUTE SEWERAGE COMPANY et al. v. CITY OF MONROE."
    ],
    "opinions": [
      {
        "text": "Brown, J.\nThe affidavits in the record show that the plaintiff\u2019s plant was not \u201cconstructed or. owned by either a private or a qwasi-public corporation,\u201d as it must have been in order for plaintiffs to come under the provisions of the act of 1911. It was constructed by J. Shute & Sons, a firm of individuals. Tbe Shute Sewerage Company had not been incorporated at the time the city made its contract for a sewerage system, but it belonged to J. Shute as an individual. The Shute Sewerage Company was not incorporated until the city\u2019s contractor had b'een at work for four months and had actually constructed one-seventh of the proposed system of the city.\nThe corporation was formed very shortly before the bringing of this action, and evidently for that purpose.\nThe affidavits establish in this case that the Shute sewer is not a public system. It has never purported to be one serving the public, but a reading of the ordinances which attempted to give Shute authority to put the pipes in the streets shows that it was for a limited purpose, this purpose being to supply buildings that the firm of J. Shute & Sons owned.\nThe fact that Shute. incidentally supplied some others with sewerage who desired it does not make it a public system serving the public. The affidavits show that Shute\u2019s sewerage does not serve over 5 or 10 per cent of the inhabitants of Monroe, and that it was not constructed with a view to serving the public generally.\nThe affidavits of the civil engineer show that Shute\u2019s line of sewerage will not articulate with the city\u2019s system, and is of no possible value to it.\nAssuming that the plaintiff is a private or ytMm-publie corporation, within the meaning of the act of 1911; ch. 86, and as such had constructed this sewerage line, the defendant could not be compelled to purchase it, and pay for it with the money of the taxpayers, if it is of no practical value to the municipality.\nThe case is governed by our decision in Asbury v. Town of Albemarle, ante, 247.\nThe judgment of the Superior Court is reversed and the injunction dissolved.\nError.\nHoke and AlleN, JJ., dissenting.",
        "type": "majority",
        "author": "Brown, J."
      }
    ],
    "attorneys": [
      "Williams, Love & McNeely and Tillett & Guthrie for plaintiff.",
      "Adams, Armfield .& Adams and Redwine & Silces for defendant."
    ],
    "corrections": "",
    "head_matter": "SHUTE SEWERAGE COMPANY et al. v. CITY OF MONROE.\n(Filed 13 May, 1913.)\nCities and Towns \u2014 Sewerage\u2014Private System \u2014 Injunction.\nThis case, involving the right of an injunction against a city-in constructing a sewerage system without first acquiring that of the plaintiff existing within the corporate limits of the town, is controlled by the decision in Asbury v. Albemw'le, ante, p. 247.\nHoke and Allen, JJ., dissenting.\nAppeal by defendant from Peebles, J., judgment rendered at chambers 3 December, 1912; from UNION.\nCivil action pending in the Superior Court of Union County, brought to restrain defendant city from constructing a municipal sewerage system.\nThe judge enjoined the defendant from continuing the construction of its sewerage system, and defendant appealed.\nWilliams, Love & McNeely and Tillett & Guthrie for plaintiff.\nAdams, Armfield .& Adams and Redwine & Silces for defendant."
  },
  "file_name": "0275-01",
  "first_page_order": 319,
  "last_page_order": 320
}