Allen & Currey Mfg. Co. v. Shreveport Waterworks Co.

Citations

• 113 La. 1091
• 37 So. 980
• 68 L.R.A. 650
• 1905 La. LEXIS 815

Syllabus

<p>WATERWORKS FRANCHISE — CONSTRUCTION—PERFORMANCE — ENFORCEMENT—WATER FOR FIRE DEPARTMENT — BREACH — RIGHT OF ACTION— LIABILITY OF CITY — PROTECTION AGAINST FIRE.</p> <p>1. A contract by which the waterworks franchise of a city is granted on condition that the contractor shall supply the inhabitants with water at a fixed maximum rate for private use, and shall rent a specified number of fire hydrants to the city at a fixed rental, payable yearly out of the corporate treasury, and shall keep said hydrants in good order, with a specified pressure of water for extinguishing fires, flushing sewers, engine houses, public parks, public schools, and other public buildings, contains a double set of stipulations and engagements— one in favor of the inhabitants individually, for the enforcement of the performance of which or for the breach of which they have a right of action individually, and one in favor of the municipal corporation, for the enforcement of the performance of which or for the breach of which the inhabitants have individually no right of action.</p> <p>2. The municipal corporation and the inhabitants of its territory are, in law, distinct, separate persons, and the corporation is not the mandatary of the inhabitants individually for entering into contracts for them individually. From lie fact that the inhabitants are interested that the obligations of contractors towards the municipal corporation should be faithfully complied with, or from the fact that they, as taxpayers, contribute the money with which _ the payments under the contracts of the municipality have to be made, it does not follow that the inhabitants are principals in the contracts entered into by the corporation, and as such have a right of action thereon.</p> <p>3. The above-mentioned engagement of the waterworks contractor to lease fire hydrants and furnish water to the city for the use of her fire department was an engagement in favor of the city, and not in favor of the inhabitants individ