Trustees of Jennie DePauw Memorial Methodist Episcopal Church v. New Albany Water Works

Appellant sued appellee for damages for the total destruction of its church building and contents, occasioned, as alleged, by the negligent failure of appellee to maintain fire hydrants in condition for use.

The complaint alleges that appellee is a private corporation which owned and operated the waterworks in the city of New Albany, by virtue of a franchise and contract, entered into on August 25, 1904, between appellee and the city, which franchise and contract was to run for a period of twenty-five years. By §1 of the ordinance, which created the franchise and contract referred to, appellee…