Pocatello Water Co. v. Standley

Citations

• 7 Idaho 155
• 61 P. 518
• 1900 Ida. LEXIS 32

Syllabus

<p>Property Dedicated to Public Use — Rules and Regulations.— When a water company undertakes the performance of a public duty, it devotes its property used for that purpose to a public use, and may make such reasonable regulations for the conduct of such business as may be necessary.</p> <p>Rights of Water Company. — Reid, that a rule reserving the right to the company to make all taps of its mains and pipes, is a reasonable one.</p> <p>Same — Laying Mains and Pipes. — Held, under its franchise, it is required to lay all mains and pipes in the streets and alleys of the city of Pocatello necessary to accomplish the purpose for whieh said franchise was granted, and, on proper demand, to tap and connect such mains or pipes with the private pipes of citizens of said city at the line of its franchise limits, to wit, the side lines of said streets and alleys.</p> <p>Same. — Held, that such connections and pipes within said limits so laid by the company, are part of the property of said company, and necessary to complete its said waterworks system, and necessary to accomplish the purposes for which said franchise was granted.</p> <p>Rights of Plumbers. — The water company has no authority to enter upon the private property of the citizen, and lay its water pipes or to dictate to the citizen who shall lay his private water pipes for him. Nor, can it refuse to connect its water pipes with the private water pipes of a citizen that are laid to the line of its franchise limits, on the ground that such private pipes were laid by a plumber not selected by it.</p> <p>Duty to Public. — Held, that the company must lay all necessary water pipes within its franchise limits, at its own expense.</p> <p>(Syllabus by the court.)</p>