C. H. Wolfe brought this suit against the Watauga Water Company and obtained judgment before the Circuit Judge, sitting without a jury, for $10, as damages for its refusal to furnish him water at his residence in Johnson City. The company appealed in error.
The defendant is a water company, chartered under the general laws, of the State (Code, annotated by Shannon, §§ 2499-2506), with the right of eminent domain and all essential powers, privileges, and franchises, and operating its waterworks at Johnson City under special contract with that city to furnish it and its inhabitants with- water at designated rates. Being thus endowed by the State, and under contract with one of ,the State’s municipalities, the com
Though impressed with a public use, and under
Wolfe had been a patron of the company, and had been accustomed to leave his 'hydrant open, so that large quantities of the escaping water went to waste. His claim was, that the water so wasted was stale and not fit for his use, and upon that ground he sought to justify his action; but the company thought the water not stale and the waste excessive. Complaints were made to the company by persons upon whose premises the escaping water flowed.
Wolfe ceased to take water from the company for awhile, preferring to use his well. When he applied to the company for water again, j tendering all required charges in advance, he was requested to sign a regular application, and agree, in conformity to a rule of the companyjtfdiat he would keep his hydrant closed except when'~using the water. This he declined to do, and the company refused to turn water into his hydrant. He said he “ wanted pure, good, water,” and that he ‘‘would keep the tube open so long as it was necessary to keep the water
Reversed, and enter judgment dismissing suit with costs.-