Church of the Good Shepherd v. Racine Water Co.

• Decision Date: 28 November 1902
• Citation: 92 N.W. 436,116 Wis. 11
• Parties: CHURCH OF THE GOOD SHEPHERD v. RACINE WATER CO.
• Court: Wisconsin Supreme Court

116 Wis. 11

92 N.W. 436

CHURCH OF THE GOOD SHEPHERD

v.RACINE WATER CO.

Supreme Court of Wisconsin.

Nov. 28, 1902.

Appeal from circuit court, Racine county; Frank M. Fish, Judge.

Action by the Church of the Good Shepherd against the Racine Water Company. From an order sustaining a demurrer to the complaint, plaintiff appeals. Affirmed.

This is an appeal from an order sustaining a demurrer to a complaint in an action to restrain the defendant from cutting off the plaintiff's water supply. The complaint alleges, in effect, the incorporation and organization of the plaintiff as a religious society in 1893; the granting of certain franchises and privileges to the defendant by the common council of the city of Racine in 1886-87; the acceptance thereof by the defendant in writing about that time; that such ordinance, among other things, required the defendant at all times to supply the 300 or more hydrants with water as therein required, at the prices therein mentioned, and also to supply abundant water to any and all inhabitants of the city, as therein required, under such regulations and conditions as the defendant might interpose, at annual rates not exceeding the maximum rates therein mentioned; and the ordinance also contained this provision, “The said company shall furnish water, free, for all necessary purposes to the public schools and city buildings; for one drinking fountain in each ward; for construction of city work, and also for all personal uses of all religious and educational institutions;” that in 1893 the plaintiff caused its land and church building to be connected by service pipe with the defendant's water mains for the personal uses of the plaintiff, and none other; that from that time down to the commencement of this action the defendant had continued to supply the premises and church building with water for the personal uses of the society, and none other; that, contrary to such provision of the ordinance, the defendant had persistently sent to the plaintiff semiannually, in advance, bills at the rate of $6 per annum for the water so supplied to the plaintiff for such personal uses, and demanded payment thereof, and threatened to shut off the water unless paid; that under the influence of such threats, and in ignorance of such provisions of the ordinance, the plaintiff paid such bills as were presented from time to time, without protest, until February, 1901, the total amount so paid being $45; that at the...