State ex rel. Scotillo v. Water Supply Co.

Citations

• 19 N.M. 27

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1.The owner of a municipal utility, whether a private party, or the municipality, may prescribe and enforce such rules and regulations for its convenience and security as are reasonable and just and refuse to furnish water or other ply with the same.</p> <p>P. 30</p> <p>2. The right of a municipality, operating a municipal utility, to make and enforce reasonable rules and regulations . is exactly the same as that of a private corporation.</p> <p>P. 31</p> <p>3. A rule which provides for shutting off the supply of water from the person who contracted for and received the water, in default of payment for the same, is just and reasonable and may he enforced by the company, where there is no* dispute as to the amount owing, or the water was not furnished for some other place or residence, or for a separate and distinct transaction from that for which he is. claiming and demanding a water supply.</p> <p>P. 31</p> <p>4.In the absence of a statute, or an ordinance enacted under authority of a statute, making a charge for water supplied a lien upon the land or premises for unpaid dues, ■or which uses words equivalent to giving a lien, a rule or regulation which authorizes a water company to shut off the supply from consumers in all cases of non-payment -of water rates, would be unreasonable and void, if so construed as to permit the water to be shut off and not turned on because a former owner or occupant had not paid his bill for water, and thereby coerce the new owner or occupant into paying for water, or service, for which they did not ■contract and from which they received no benefit. P. 31</p> <p>5. Where the state law gives to the water company or municipality a lien upon the land and premises, for unpaid dues, or uses words equivalent to giving a lien, a rule or regulation of the water company which provides for shutting off the supply and ■ discontinuing the service until the ■delinquent charges are paid, is reasonable and may be enf