Butterworth v. City of Henrietta

STEPHENS, Associate Justice.

This appeal is from a judgment sustaining a demurrer to the petition to the petition of appellant, wherein he sought to recover of appellee damages in the sum of about $5000, caused by the burning of property belonging to him situated in the town or city of Henrietta.

The petition alleged as a ground of liability that the city of Henrietta owned and operated a system of waterworks “purchased and erected by means of taxation on the property situated” therein, and maintained by “tolls and rents” charged the inhabitants for the use of water. That this was done for the…