Franke v. Paducah Water Supply Co.
Court of Appeals of Kentucky
Case 73 — PETITION ORDINARY — APPEAL FROM M’CRACKEN COURT OF COMMON PLEAS. 1. The Paducah Water Supply Company being a public agent may be compelled by law to deal with all persons, without discrimination against any. For every unlawful act, resulting in injury, there is a remedy.
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Case 73 — PETITION ORDINARY — APPEAL FROM M’CRACKEN COURT OF COMMON PLEAS. 1. The Paducah Water Supply Company being a public agent may be compelled by law to deal with all persons, without discrimination against any. For every unlawful act, resulting in injury, there is a remedy. (Cooley on Torts, 278; Munn v. Illinois, 94 U. S., 113; Bronson v. Green, 2 Duvall, 235; Payne v. W. & A. R. R. Co., 13 Lea, 507; State v. Stewart, 59 Vt., 273; Cooley’s Constitutional Limitations, 249.) 2. Proof of a conspiracy and willful tort resulting therefrom entitles the injured party to punitive damages.…
1Opinion of the Court
JUDGE PRYOR
delivered tiie opinion oe the court.
Tbe 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 ad*469judged 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…
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