95 Vt. 135 | Vt. | 1921
The defendant is a corporation chartered under No. 338, Acts of 1906, for the purpose of furnishing certain villages, including the village of Derby Line, and the inhabitants thereof with water for fire protection, sanitary, domestic, and other uses. At the time of bringing this bill the plaintiffs were all inhabitants of the village of Derby Line. Josephine M. Waldron was the owner of a building situated therein known as the Waldron Block. George F. Waldron, referred to in the findings as Dr. Waldron, is the husband of Josephine M. and has had the control and management of the block since its erection in 1910. The other plaintiffs, six in number, were tenants of the Waldron block and had been for varying times previous to the bringing of the bill. At the time here material neither of the Waldrons occupied any portion of the block. The bill prays for an order compelling the defendant to furnish the plaintiffs with a supply of water for business, sanitary and domestic purposes pending hearing thereon, for a decree determining the plaintiffs’ rights in the premises, and for general relief. The cause was tried by the chancellor, who made findings on which the bill was dismissed. From this decree the plaintiffs appeal.
The defendant is the only company “of a public nature” supplying water in the village of Derby Line. It uses the streets of the village for its water mains and has the only supply of water available for the Waldron Block. Its charter gives it right of eminent domain and the right to lay and maintain its pipes through lands devoted to public use, such as highways and railroads. It is empowered to sell and furnish water to any person or corporation within the territory specified in its charter for domestic or other purposes, and to lay and maintain the necessary pipes. In short, it is a public service corporation having the powers and privileges and charged with the corresponding duties and obligations attending such service.
The defendant continued to supply water for use of the tenants of the Waldron Block until June 4, 1918, at which time the arrearages of rent for water so furnished aggregated about $150. On that date it shut the water off, relying upon the provision of the charter which permits it to do so when the owner or occupant of any building neglects or refuses to pay the water rent. Immediately thereafter this action was brought and a mandatory injunction was obtained directing the defendant to restore the service. Pursuant to this order the water was turned on and has since been supplied as usual, though the injunction was later dissolved. The defendant admits in its answer that there is an abundant supply of water available for the occupants of the Waldron Block.
It is enough to say that the rights of all can be taken care of by appropriate orders in the court below on remand of the case.
Decree reversed and cause remanded for ftirther proceedings and decree not inconsistent with the views herein expressed. Let the plaintiffs recover costs in this Court and the costs below to be there determined.