Hone v. Presque Isle Water Co.

• Decision Date: 09 June 1908
• Citation: Hone v. Presque Isle Water Co., 104 Me. 217, 71 A. 769 (Me. 1908)
• Parties: HONE et al. v. PRESQUE ISLE WATER CO.
• Court: Maine Supreme Court

71 A. 769

104 Me. 217

HONE et al.

v. PRESQUE ISLE WATER CO.

Supreme Judicial Court of Maine.

June 9, 1908.

(Official.)

Exceptions from Supreme Judicial Court, Aroostook County.

Action by John J. Hone and David A. Hone against the Presque Isle Water Company.Demurrer to the complaint sustained, and plaintiffs except.Exceptions overruled.

Action on the case brought by the plaintiffs against the defendant water company to recover damages for the loss of certain buildings owned by them and destroyed by fire, on the ground that the loss resulted from the negligent failure of the defendant water company to keep a certain hydrant in proper repair and condition for use.The declaration contained two counts, which are as follows:

"In a plea of the case, for that the said defendant is a public service corporation, created and organized under the provisions of chapter 3, p. 4, of the Private and Special Acts of 1887 of the state of Maine, duly authorized to lay water pipes and mains in the village in said Presque Isle, and furnish water for public and private purposes in said Presque Isle, and that said defendant did, under and by virtue of said special act, construct a system of waterworks by pipes and mains under the streets in said village, and assumed and undertook the duties of a public water company, and began to furnish water for public and private uses, including the furnishing of water in hydrants to be used in extinguishing fires in said village, and on the 4th day of April, 1905, was, and for a long time prior thereto had been, furnishing water for said purposes, and especially for the extinguishment of fires for a reward paid to it by the Presque Isle Village Fire Department, and as such water company, organized as aforesaid, it was the duty of the defendant at all times to keep the hydrants connected with its said system of waterworks in proper repair and condition to be used at any such time for extinguishing fires in said village; that a long time prior to said 4th day of April, 1905, said water company constructed and placed in position, connected with its said mains, a certain hydrant, a part of its system, located near and in front of a building existing on the main street in said village known as 'Presque Isle Opera House,' then and there the property of the plaintiffs, which said hydrant said defendant corporation then and there undertook and was bound to maintain and keep in proper repair and condition to be used in extinguishing fires in its vicinity, but said defendant so carelessly and negligently maintained said hydrant that the water in said hydrant on said 4th day of April, 1905, was and for a long time prior thereto had been frozen, and said hydrant thereby was and had been rendered useless; that on said April 4, 1905, a fire broke out in the basement of said building known as the 'Presque Isle Opera House' in said village of Presque Isle, and in the immediate vicinity of said hydrant, frozen as aforesaid, and the plaintiffs and the village fire department in said Presque Isle relying, as they had a right to do, on the said defendant keeping said hydrant in proper repair and condition for use as aforesaid, then and there connected their hose to said hydrant for the purpose of obtaining water with which to extinguish said fire, but, by reason of the careless and negligent conduct of the said defendant in failing to keep said hydrant in proper condition and repair as aforesaid, were unable to obtain water therefrom, and were compelled to change to other hydrants at a great distance therefrom, and after great loss of time, during which said time, and as a result of said careless and negligent maintenance of said hydrant, the said fire became unmanageable and spread beyond the control of said fire department, and entirely consumed said Presque Isle Opera House, and therefrom spread to and entirely destroyed another building of the plaintiffs then and there occupied by tenants of the plaintiffs.Both of said buildings were of the value of $30,000.And the plaintiffs aver that said loss and damage was sustained by them solely by reason of the carelessness and negligence and breach of duty on the part of said defendant in failing to keep and maintain said hydrant in proper repair and condition for use.

"Also, for that the said defendant is a public service corporation, created and organized under the provisions of chapter 3, p. 4, of the Private and Special Laws of 1887 of the state of Maine, duly authorized to lay water pipes and mains in the village of said Presque Isle, and to furnish water for public and private purposes in said Presque Isle, and to contract for a supply of water for the extinguishment of fire or other purposes for a term of years with the town of Presque Isle, or village corporation, and other persons and corporations, and that said defendant did, under and by authority of said special act, construct a system of waterworks and lay water pipes and mains under the streets in said Presque Isle, and assumed and undertook the duties of a public water company, and began under a contract with the Presque Isle Village Fire Department, a corporation created and organized under the provisions of chapter 525, p. 764, of the Private and Special Laws of said state for the year 1885, to furnish water for public and private uses, including the furnishing of water and hydrants to be used in extinguishing fires in said village of Presque Isle, and on said 4th day of April, 1905, was, and for a long time prior thereto had been, under said contract, for a valuable and sufficient consideration, furnishing water and hydrants for said purposes, and as such water company, under said contract, it was the duty of the said defendant at all times to keep the hydrants connected with its said system of waterworks in proper repair and condition to be used at any time for the extinguishment of fires in said village; that a long time prior to said 4th day of April, 1905, said water company constructed and placed in position, connected with its said water pipes and mains, a certain hydrant located near and in front of a building belonging to the plaintiffs, and situated on the west side of Maine street in said village, known as the 'Presque Isle Opera House,' which said hydrant said defendant then and there undertook and was bound to keep in proper repair and condition to be used in extinguishing fires in its vicinity, but maintained said hydrant so carelessly and negligently that on said 4th day of April, 1905, the water in said hydrant was and for a long time prior thereto had been frozen, and said hydrant was thereby rendered useless; that on said 4th day of April, 1905, a fire broke out in the basement of the plaintiffs' said building, known as the 'Presque Isle Opera House,' and in the immediate vicinity of said hydrant, frozen as aforesaid, and the plaintiffs and the fire department of said village, relying, as they had a right to do, on the defendant keeping said hydrant in proper repair and condition for use as aforesaid, as the defendant had agreed and was required and bound by law to do, then and there connected their hose to said hydrant for the purpose of obtaining water with which to extinguish said fire, but, by reason of the careless and negligent conduct of said defendant in failing to keep said hydrant in proper repair and condition for use as aforesaid, were unable to obtain water therefrom, and were compelled to change to other hydrants at a great distance therefrom, and after great loss of time, during which said time, and as a result of said carelessness and negligence on the part of the defendant in failing to keep said hydrant in proper repair and condition to use, the said fire became unmanageable, and spread beyond the control of the plaintiffs and of said fire department, and entirely destroyed said plaintiffs' said building, and therefrom spread to and entirely destroyed another building of the plaintiffs, both of which said buildings were then and there of the value of $30,000.And the plaintiffs aver that said loss and damages were sustained by them solely by reason of the carelessness and negligence and breach of duty on the part of said defendant in failing to keep and maintain said hydrant in proper repair and condition for use."

The defendant water company filed a general demurrer to the declaration.The demurrer was sustained by the presiding justice, and the plaintiffs excepted.

Argued before WHITEHOUSE.STROUT, SAVAGE, PEABODY, CORNISH, and KING, JJ.

Powers & Archibald and Louis C. Stearns, for plaintiffs.

Ira G. Hersey and Charles F. Daggett, for defendant.

WHITEHOUSE, J.This is an action on the case, brought by individual owners of property destroyed by fire, to recover damages for their loss against the defendant water company on the ground that it resulted from the negligent failure of the defendant to keep its hydrants in proper condition for use.

The defendant filed a general demurrer to the plaintiffs' declaration.The demurrer was sustained by the presiding justice, and the case conies to the law court on exceptions to that ruling.

It is alleged in the first count in the declaration that, by virtue of a special act of the Legislature, the defendant company, a public service corporation, constructed a system of waterworks and undertook the duties of a public water company, and began to furnish water for public and private uses, including the furnishing of water in hydrants to be used in extinguishing fires within the limits of the village corporation in Presque Isle known as the "Presque Isle Village Fire Department"; that it thereby became the duty of the defendant to keep its hydrants in proper condition for use in the extinguishment of fire in that village; that its hydrants were so carelessly maintained that the water in the hydrant opposite the Presque Isle Opera House, owned by the plaintiffs, was frozen, and the hydrant rendered useless,...