Collier v. Newport Water, Light & Power Co.
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Charles Coffin, Judge; STATEMENT BY THE COURT. This suit was brought by appellants against appellee for damages resulting from the destruction by fire of their property situated in the city of Newport, Ark., alleged to have been caused by the negligent failure of said company to furnish water and pressure sufficient to extinguish the fire as it was bound to do by its contract with the city.
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Appeal from Jackson Circuit Court; Charles Coffin, Judge; STATEMENT BY THE COURT. This suit was brought by appellants against appellee for damages resulting from the destruction by fire of their property situated in the city of Newport, Ark., alleged to have been caused by the negligent failure of said company to furnish water and pressure sufficient to extinguish the fire as it was bound to do by its contract with the city. It was alleged that appellants were inhabitants, taxpayers and owners of property in said city, which had authority under the law to provide a water supply by the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The great, not to say overwhelming, weight of authority is against the right of appellants to maintain the suits, and the court feels constrained, on that account, to decide the case in accordance with such weight of authority. The principal ground for denying the right of an individual to recover in a case of this kind is that there is no privity of contract between him and the water company which will allow him to sue for a breach of the contract and of the duty growing out of the contract with the city. It is unnecessary to restate the reasoning leading…
2Cases cited38 opinions
- House v. Houston Waterworks CompanyTexas Supreme Court · 1895
- Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
- Allen & Currey Mfg. Co. v. Shreveport Waterworks Co.Supreme Court of Louisiana · 1905
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Davis v. Clinton Water Works Co.Supreme Court of Iowa · 1880
33 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fulbright v. PhippsSupreme Court of Arkansas · 1928
- Oil Fields Corp. v. CubageSupreme Court of Arkansas · 1930
- Coleman v. UtleySupreme Court of Arkansas · 1922
- Jackson v. CarterSupreme Court of Arkansas · 1925
- Larimore v. HowellSupreme Court of Arkansas · 1947
2 more not listed; retrieve them via the Exa API.