Bothwell v. Consumers' Co.
Idaho Supreme Court
APPEAL from the District Court of First Judicial District, for the County of Kootenai. Hon. W. W. Woods, Judge. Action by the plaintiff to compel the defendant water company to tap its main and connect with the water-pipes of plaintiff at the line of his property. Demurrer to the complaint was sustained, and judgment of dismissal was thereupon entered. Plaintiff appealed from the judgment.
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APPEAL from the District Court of First Judicial District, for the County of Kootenai. Hon. W. W. Woods, Judge. Action by the plaintiff to compel the defendant water company to tap its main and connect with the water-pipes of plaintiff at the line of his property. Demurrer to the complaint was sustained, and judgment of dismissal was thereupon entered. Plaintiff appealed from the judgment. There is no contention in this action on the part of the appellant regarding the reasonableness of the monthly water rates established by respondent. That rate appellant is ready and willing to pay, but…
1Opinion of the CourtAilshie, C. J.
This action was commenced by the appellant filing his affidavit or petition in the district court praying for the issuance of a writ of mandate against the respondent, directing and requiring it to make a tap in its water main and connect the same with the water-pipe leading to appellant’s premises. The petition alleges that the plaintiff is a citizen and resident of the village of Coeur d’Alene, and residing on lot 2 of block 4 in Russell’s addition to that village, being situate on the west side of Second street therein; that he had constructed a dwelling-house thereon, and fitted the same…
2Cases cited3 opinions
- Pocatello Water Co. v. StandleyIdaho Supreme Court · 1900
- S.F. Pioneer Woolen Factory v. BrickwedelCalifornia Supreme Court · 1882
- San Diego Water Co. v. City of San DiegoCalifornia Supreme Court · 1881
3Cited by11 opinions
- Hatch v. Consumers Co.Idaho Supreme Court · 1909
- Lukrawka v. Spring Valley Water Co.California Supreme Court · 1915
- Niday v. BarkerIdaho Supreme Court · 1909
- Title G. Etc. Co. v. Railroad CommissionCalifornia Supreme Court · 1914
- Millville Improvement Co. v. Millville Water Co.New Jersey Court of Chancery · 1921
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