State ex rel. Fogarty v. Everett Water Co.

Citations

• 38 Wash. 609
• 80 P. 794
• 1905 Wash. LEXIS 1216

Syllabus

<p>Appeal and Error—Review—Technical Objections on trial de Novo. In an action triable.de novo on appeal, technical objections to the pleadings and findings, that do not go to the merits, are of no moment, since there must be a trial de novo disregarding all technicalities, and necessary amendments will be considered as made:.</p> <p>Water Companies—Regulation and Rules—Permission op Use Violating Rule—Estoppel. . A public service water company is not estopped from enforcing a rule that consumers shall not place a tap in the yard where it would be accessible to persons occupying neighboring premises, by reason of the fact that it at one time granted permission to use such tap if enclosed in a box provided with a lock, where the consumer failed to keep the box locked and persons occupying neighboring premises continued to use the tap as a common source of supply.</p> <p>Same—Discrimination. The enforcement of such rule cannot be objected to as discrimination, where there was but one instance in evidence where such use was tolerated in the case of other consumers, and it appears that it was the general policy of the company to enforce the regulation.</p>