Fine v. Mayor & Council of Wilmington

Carey, J.:

Defendant’s brief raises six questions which may be concisely stated in this manner: (1) Is the supplying of water to a consumer a governmental, or a corporate, function? (2) Was there a duty of inspection owed hy defendant to plaintiff? (3) Is defendant responsible to plaintiff for acts or omissions of the Board of Water Commissioners or of the employees of that Board? (4) Does the doctrine of res ipso loquitur apply to this case? (5) May this plaintiff sue in contract for breach of a warranty when he" was not a party to the contract? (6) Is water passing through a meter and pipes…