73 So. 278 | Miss. | 1916
delivered the opinion of the court.
The plaintiff in this case., B. B. Carmichael, brought .suit against the city of Greenville, and charged in his declaration that on and before the 22d day of March, 1909, the defendant municipality owned and operated a public waterworks system for hire and reward, and that in the year 1909 the said defendant purchased and equipped a public park situated about one-hálf mile south of the corporate limits of the city of Greenville, and that B. B. Carmichael, John K. Archer, B. B. McMahon., and Mrs. Sallie Wortham owned a large tract of land situated between the corporate limits of said city and said public park and known as Greenway Park, and that on the 22d and 23d days of March, 1909, the said Carmichael, Archer, McMahon, and Wortham conveyed to the defendant valuable property rights, and in consideration thereof the defendant agreed to lay a water main along the street leading’ from said city to said park and to furnish persons who should buy lots in Greenway addition water under such reasonable regulation as the defendant might impose. The plaintiff av.erred that thereafter the defendant accepted the said conveyances, and in consideration thereof laid its water mains under said street and permitted the plaintiff and others who purchased lots and erected residences on lots
The regulation requiring the payment of an additional dollar because the plaintiff was delinquent in his water rent is unreasonable and void, and has been so held in this state. Ford v. Vicksburg Waterworks Co., 102 Miss. 717, 59 So. 880, 43 L. R. A. (N. S.) 63.
Reversed and remanded.