Clay v. Catlettsburg, Kenova & Ceredo Water Co.

Opinion op the Court by

Morris, Commisioner

Reversing.

Ella C. Clay and Marie Newman owned a residence in Catlettsburg which, was totally destroyed by fire on September 12, 1939. Thereafter they sought to recover of appellee its alleged value, $6500, on the ground that it had failed to furnish an adequate supply of water to have saved their house from destruction. The court sustained demurrer to the petition, and appellants amended by filing a substituted petition with amplifications. The original did not embrace the entire ordinance under which appellee, or its predecessor had been granted…