Freeman v. Macon Gas Light & Water Co.
Supreme Court of Georgia
Action for damages. Before Judge Hodges. City court of Macon. December 9, 1905. ‘A petition was filed by M. R. Freeman against tbe Macon Gas Light & Water Company, 'a corporation alleged to be engaged in tbe business of furnisbing gas and water to tbe residents of tbe city of Macon, and having “a monopoly of such business in said city.”
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Action for damages. Before Judge Hodges. City court of Macon. December 9, 1905. ‘A petition was filed by M. R. Freeman against tbe Macon Gas Light & Water Company, 'a corporation alleged to be engaged in tbe business of furnisbing gas and water to tbe residents of tbe city of Macon, and having “a monopoly of such business in said city.” Tbe complaint of the plaintiff was, that on May 26, 1905, the defendant compan}", without giving him any notice and “without legal cause,” cut off the supply of water from bis premises, at a time when be was sick in bed and another member of tbe family was…
1Opinion of the CourtEvans, J.
(After stating the facts.) When a private corporation undertakes to supply water to a municipality and its inhabitants for toll, it enters upon a public service. 1 Farnham on Waters & Water Rights, § 162. The business and purpose for which a water-supply company is incorporated are of such a public character as to make it a quasi public corporation. City Water Co. v. State (Tex.), 33 S. W. 259; Foster v. Fowler, 60 Pa. St. 27. In order to effectually carry out its purposes, valuable franchises in the use and occupation of the city’s streets and alleys are granted, and the corporation assumes…
2Cases cited1 opinion
- Savannah & Ogeechee Canal Co. v. ShumanSupreme Court of Georgia · 1893
3Cited by21 opinions
- Crosby v. Savannah Electric & Power Co.Court of Appeals of Georgia · 1966
- Milledgeville Water Co. v. FowlerSupreme Court of Georgia · 1907
- Birmingham Water Works Co. v. FergusonSupreme Court of Alabama · 1909
- Woodbury v. Tampa Water Works Co.Supreme Court of Florida · 1909
- Holloway v. Macon Gas Light & Water Co.Supreme Court of Georgia · 1909
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