State ex rel. City of Yakima v. Kuykendall

Citations

• 117 Wash. 406
• 201 P. 777
• 1921 Wash. LEXIS 882

Syllabus

<p>Waters and Water Courses (78) — Water Companies — Franchise —Location and Security op Mains — Powers of Public Service Commission — Evidence—Sufficiency. Assuming that the state department of public works has jurisdiction to interfere with water mains laid in city streets in accordance with a franchise, no occasion therefor is shown by evidence that a city desiring to lay a hard surface pavement in one of its streets, demanded that the water company replace its wooden by iron mains or shift the mains to a parking strip, it appearing that the principal leakages had been from a main whose use had been discontinued, or from service pipes whose system of connections had been so altered as to diminish leakage to a negligible quantity, and that in the event of leakage the company could take care of it without serious interference with the hard surface pavement.</p>