McCrary v. Beaudry

Citations

• 67 Cal. 120
• 7 P. 264
• 1885 Cal. LEXIS 569

Syllabus

<p>Water—Sale and Distribution—Publio Use—Franchise, ¿/a person engaged in furnishing water to the inhabitants of a city under a franchise permitting him to lay pipes through the streets for that purpose and to sell the water, cannot without reasonable cause shut off the water from one of such inhabitants who is using the same at a fixed rate. The use of water appropriated for sale, rental, or distribution is a public use, and the right to collect rates or compensation for the use of water furnished to the inhabitants of a city is a franchise which cam only be exercised by authority of and in the manner prescribed by law;?</p> <p>Mandamus—Affidavit—Demurrer.—The affidavit upon which a writ of mandats is issued may be treated as a complaint, and demurred to accordingly, but it is not necessary that the affidavit should contain the title of the action or proceeding in which it is made.</p> <p>Id..—The affidavit in this case examined, .and held to be sufficient.</p>