Liability of Water Companies for Fire Losses Another View

Kales, Albert Martin

Journal: Michigan Law Review

Volume: 3

First Page: 501

Year: 1905

Bluebook Citation: 3 MICH. L. REV. 501 (1905)

Author: Albert Martin Kales: all 33 publications


Abstract

In the Superior Court of Cook County, Illinois, before Judge Arthur H. Frost, there was recently presented in substance this case: A private corporation furnishing water to a municipality for fire protection had contracted with the town, in consideration of certain fire hydrant rentals, to keep at all times a pressure of water of at least thirty-five pounds per square inch on the water pipes connected with said fire hydrants, and, in case of a fire, to increase, at once, the pressure to forty pounds per square inch. A fire occurred. It was assumed that the water company had notice of it; that the fire department arrived in time to have saved the plaintiff's house, had the pressure contracted for been furnished; that the pressure was not furnished and that the plaintiff's property was destroyed. The plaintiff sued the water company in an action sounding only in contract.

The learned judge directed a verdict for the defendant. A direct appeal to the Supreme Court was dismissed for want of jurisdiction and the case is not now pending in any court.

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