Shaw v. San Diego Water Co.

Citations

• 5 Cal. Unrep. 808
• 50 P. 693
• 1897 Cal. LEXIS 970

Syllabus

<p>Water Rates.—A City Ordinance Providing a “Family Rate” of $3.75 per month for water furnished for a private dwelling, declaring that where water is used for certain purposes, “or for any other purpose whatever, and no compensation is herein fixed therefor, and satisfactory rates cannot be agreed upon, the meter rates shall govern,” giving any water payer the right to demand a meter and to pay a meter rate on tender of a certain amount for putting in the meter, and declaring the minimum meter rate to be $1.75 per month, does not authorize a water company, putting in a meter without the request of a consumer, to charge him a meter rate instead of a family rate, though it declares the rate per month for water “furnished to consumers through meters” to be a certain amount per 1,000 gallons, and provides that consumers paying the following monthly rates shall be entitled to use the following quantities of water: “$1 monthly, 4,000 gallons,” and so on up to $2 per month.</p> <p>Water Rates.—An Ordinance Providing a Lump Sum Per Month as rate for water furnished a private dweller, and allowing charges according to the amount used only in case the consumer asks for it, does not confiscate property, though the water company has theretofore put in meters of its own accord at its own expense.</p>