Prestonsburg Water Co. v. Dingus

Opinion op the Court by

Creal, Commissioner—

Beversing.

William Dingus has recovered judgment against the Prestonsburg Water Company, a corporation, for $2,500 as damages for the destruction of a storehouse and other buildings by fire alleged to have resulted from a failure of the water company to comply with the provisions of the franchise under which it was operating its water plant in the city of Prestonsburg.

In his petition appellee set out section 7 of the ordinance under which appellant operated, providing in effect that appellant’s assignor, G. C. Davis, to whom the franchise was granted,…