49 Wash. 232 | Wash. | 1908
This action is based upon an application of the relator, Patrick Foley, for a writ of mandamus to compel the defendant, the Hillyard Water Company, to furnish him water for domestic purposes. The relator alleges, that the de
The evidence shows that respondent’s property is in the southwest corner of a platted block bounded by Arthur street on the north, Harrison street on the east, and Twenty-first street on the south; that his lots front on Harrison and Twenty-first streets; that the appellant never laid any water main on either Arthur or Harrison street; that some years since, one Taylor owned a water system from which he sold water to respondent and other consumers; that an old wooden main running east and west on Arthur street was a part of his system, from which certain private parties extended a supply pipe down Harrison street; that the respondent had connected his property therewith, and was being supplied with water by Taylor; that the service provided by Taylor was unsatisfactory; that the appellant corporation owned another water system in the same neighborhood, but had no mains on any of the streets above mentioned adjacent to the block in which respondent lived; that many residents and consumers on Twenty-first street, including the respondent, petitioned the appellant to extend a main from its system along Twenty-
The appellant contends, (1) that it has not discriminated against the respondent; (2) that the respondent is wrongfully seeking to compel it to operate the abandoned Taylor system; and (3) that Taylor, not being a public service corporation, could not have been compelled to operate the old system, and that appellant cannot now be compelled to do so.
All of these contentions should be sustained. The respondent having petitioned for the extension of appellant’s main along Twenty-first street, is now in no position to insist that he shall be supplied with water through an old main of the Taylor system which the evidence shows is not suitable for permanent use but has been abandoned. The appellant is ready, willing, and able to supply respondent with water through its new main installed upon respondent’s petition, on the same terms and conditions that it is supplying its other customers. Its rules and regulations are not shown to be arbi
The judgment is reversed, and the cause is remanded with instructions to dismiss the action.
Hadley, C. J., Fullerton, Mount, and Root, JJ., concur.