Mills v. Moseley

The controlling averments of the petition were that the plaintiff and other residents relied upon the previous pumping of the water from the private reservoir of the defendant mill company through the city’s distribution system, including the fire hydrants near the plaintiff’s property; but the petition failed to show that the furnishing of the water to the city was other than gratuitous, and failed to indicate any privity of contract between the plaintiff and the defendant, or any legal duty to the plaintiff. There were additional averments, that the fire could easily have been. extinguished…