State ex rel. Otero de Burg v. Water Supply Co.

Citations

• 19 N.M. 36

Syllabus

<p>SYLLABUS.</p> <p>1. Public utility companies have a right to adopt and enforce reasonable rules and regulations, for their security and convenience and enforce compliance therewith by refusing or discontinuing the service; but such rules must be reasonable, just, lawful and not discriminatory.</p> <p>P. 39-</p> <p>2. Where a contract is entered into between a city and a. water supply company, for the benefit of the people of the city, and under which the people are entitled to certain-rights, benefits and privileges, a construction of the meaning of ambiguous and doubtful provisions of the contract by one consumer or beneficiary is not binding upon other consumers, or beneficiaries, not shown to have acquiesced in or assented to such construction.</p> <p>P. 40</p> <p>3. Where a franchise granted to a water company provides that the company shall have the right “to make rules and regulations, to be approved by the city council,” and the company contends that it has adopted and enforced a rule which required the consumer to pay the cost of making-connection with its mains, before the question can arise as to whether the- rule in question amounted to a construction of the contract by the city, it is incumbent upon the company to show that the city council gave its approval to the-same.</p> <p>P. 41</p> <p>4. Where a franchise, under which a public utility company operates, imposes a burden upon the company, any rule or regulation adopted by the company, by which it attempts to shift the burden upon- the consumer, is unreasonable and unjust, and will not be enforced. P. 42:</p> <p>5. Where the meaning of a grant or contract regarding •any public franchise is ambiguous or doubtful, it will be construed favorably to the rights of the public.</p> <p>P. 45</p> <p>6. Where a franchise, under which a water supply company operates, requires it to furnish water to private consumers at fixed rates, it must provide the necessary service pipe from the main line in an abutting s