Potter v. Carolina Water Company

Defendant, by motion to nonsuit and by exception to the charge as a whole, challenges plaintiffs’ right to recover notwithstanding the undisputed testimony that there was a total failure to furnish any water to the hydrants during the critical period, and because of such failure plaintiffs’ property was destroyed. It bases its denial of liability on two propositions: (1) Breach of a definite and specific contract between a private corporation and a municipality to furnish water for fire purposes creates no right of action in a citizen who suffers damage as a result of such breach; (2) even if…