Mugge v. Tampa Water Works Co.

Citations

• 52 Fla. 371

Syllabus

<p>Where a water works company enters into a contract with a city, by the terms of which it enjoys extensive franchises and priviliges, such as the right to use the streets -with its mains and. hydrants, and to have special taxes levied on the property of the citizens to he paid to it for its supply -of water for public use in the extinguishment of fires, besides other rights and franchises, and thereby assumes the duty of furnishing water for extinguishing fires, and under such contract constructs and operates its plant, and enjoys the proceeds of such special taxation, it enters upon a public calling and owes a duty to the taxpayers of the city to furnish water for the purpose of extinguishing fires, and it is liable in an action of tort for damages to a taxpayer whose property is destroyed by fire on account of its negligence in not furnishing water in accordance with the terms of the contract. In such a case the contract furnishes the measure of its duty.</p>