City & County of San Francisco v. Spring Valley Water Works

Citations

• 39 Cal. 473

Syllabus

<p>Statutory Construction.—Franchise of the Spring Valley Water Works.— By the provisions of the Act of the 23d of April, 1858, authorizing George Ensign and others, owners of the Spring Valley Water Works, to lay down water pipes in the public streets of the City and County of San Francisco, the Spring Valley Water Works are not required to supply said city and county with water for municipal purposes, free of charge, other than for the extinguishment of fires.</p> <p>Pleading.—Estoppel.—A previous adjudication, in which the same rights were put in issue, may be properly pleaded by way of estoppel in a subsequent proceeding in equity, between the same parties.</p> <p>Per Crockett, J.:</p> <p>Statutory Construction.—Franchise of the Spring Valley Water Works.— The third section of the Act of the 23d of April, 1858, imposes upon the Spring Valley Water Works the obligation to furnish, free of charge, a pro rata supply of water for municipal purposes other than the extinguishment of fires, in the event of water being introduced by some other person or persons, as provided by said section.</p>