Prindiville v. Jackson

• Decision Date: 30 September 1875
• Parties: REDMOND PRINDIVILLE et al.v.FRANCIS JACKSON et al.
• Court: Illinois Supreme Court

79 Ill. 337

1875 WL 8631 (Ill.)

REDMOND PRINDIVILLE et al.

v.FRANCIS JACKSON et al.

Supreme Court of Illinois.

September Term, 1875.

APPEAL from the Circuit Court of Cook county; the Hon. W. W. FARWELL, Judge, presiding.

Mr. T. LYLE DICKEY, Mr. EGBERT JAMIESON, and Mr. RICHARD S. TUTHILL, for the appellants.

Messrs. JACKSON & SKINNER, for the appellees.

Mr. JUSTICE SHELDON delivered the opinion of the Court:

This was a petition for a mandamus, to the board of public works of the city of Chicago, to compel the board to issue a permit to the petitioners to connect water pipes under their lots with the water pipes of the city under North Dearborn street, in front of petitioners' lots.

The facts, as appear, are as follows: The city of Chicago, through its board of public works, before the paving of North Dearborn street, in said city, laid down a water main along said street, and in addition thereto, to obviate the necessity of tearing up the pavement, by persons laying down service pipes thereafter, and to prevent the public inconvenience which would result therefrom, the board, in many instances, as in the case of these petitioners, caused service pipes to be laid down at the same time that the main pipe was, and paid therefor, looking to the property owners for reimbursement when they should desire to use said service pipes.

The petitioners, desiring to use the service pipes laid down by the city, were called upon to reimburse to the city the actual cost to the city of laying down said service pipes, and the board refused them permission until reimbursement was made. They refused to make such reimbursement.

The mandamus applied for was, to compel the board to permit petitioners to make connection with said service pipes. To the answer of the defendants, setting out the facts, petitioners demurred, and the court sustained the demurrer and granted the writ of peremptory mandamus as prayed. From this decision defendants appeal.

The whole controversy is as to whether the petitioners have a right to use these service pipes without paying their cost.

The charter of the city of Chicago provides, that “the board of public works shall have exclusive charge and superintendence of the sewerage and water works of said city.”

Another section provides, “that the board of public works shall have full power to regulate and control the manner of using the streets, alleys and highways and public places of the city, for the laying down of gas or water pipes and sewers, and determine the location thereof.”

Here would seem to be power given to the board to provide rules and regulations for, and directions in detail as to the manner, etc., in which the citizen shall obtain water from the mains by means of service pipes, and the connecting of the same with the mains.

The answer alleges that the city is not legally bound to lay down any service pipe in connection with the main water pipes, but that it is the duty of the owners of lots, if they wish to use the water of the city flowing through any main water pipe, to lay down, at their own expense, the necessary service pipes from their lots to such main water pipe, and to connect the service pipes with the main water pipe. And as the demurrer admits this, we may assume that the duty is one arising under the rules and regulations of the board of...