Franke v. Paducah Water Supply Co.

• Decision Date: 23 April 1889
• Citation: 11 S.W. 432,88 Ky. 467
• Parties: FRANKE v. PADUCAH WATER SUPPLY CO.
• Court: Kentucky Court of Appeals

11 S.W. 432

88 Ky. 467

FRANKE v. PADUCAH WATER SUPPLY CO.

Court of Appeals of Kentucky.

April 23, 1889

Appeal from court of common pleas, McCracken county; W. S. BISHOP Judge.

For opinion on rehearing, see post, 718.

W. G Bullitt and R. L. Reeves, for appellant.

Burnett & Dallam, for appellee.

PRYOR J.

The appellant brought this action against the appellee to recover damages for the refusal of the latter to permit him to exercise his calling as a plumber, in refusing permission to him or those who desired to employ him to connect the plumbing done by him in any manner with the water-mains of the appellee. The court below adjudged that the facts alleged by him did not authorize a recovery, and dismissed his petition. The appellee, the Paducah Water Supply Company had by some contract with the city the right to maintain water-works in the city of Paducah, and to lay down its pipes and mains in and along all the streets and alleys, for supplying water, for domestic and other purposes, for the period of 40 years, with privilege on the part of the city to purchase the works within a certain period. The appellee is the successor of J. A. Jones & Co., of the city of St. Louis and its pipes and mains have been established under the contract with the city, the validity of which (the contract) is not involved in this case, nor is the right of the appellee to lay down and operate its pipes in the streets of the city to the exclusion of the appellant questioned. The obligation of the appellee is to furnish water for public and private use; those taking water for private use being required to construct and keep in repair at their own expense the pipe and fixtures on their premises that connect with the main or pipes of the company in the streets. The city on its part agrees to pass all ordinances necessary to protect the property of the company from damage, etc., and in accordance with this agreement an ordinance was passed providing that "whoever shall by himself, or by any person acting under his authority, use or take water from any part of the works of said company without a license or permit, or shall without authority from said company open, hitch to, dig out, cover over, deface, destroy, remove, or obstruct any fixtures" connected with said water-works, shall be fined not less than five nor more than fifty dollars. The appellant, in the legitimate prosecution of his calling as a plumber, desired to construct or connect, by pipes to be laid on the premises of a number of citizens, with the...