78 Miss. 389 | Miss. | 1900
delivered the opinion of the court.
Appellants brought this suit to recover of the appellee, the water company, the value of his residence, furniture, etc., destroyed by fire September 30, 1899, amounting to $10,800, on the ground that the water company, by its negligence, had failed to furnish to the fire department of the city of Jackson the water pressure in the hydrants of the company necessary for the extinguishment of fires, stipulated, as alleged, to be furnished by said company under its contract with the city, made in 1888, which contract is made an exhibit and a part of plaintiff’s declaration. It devolves upon the court to construe this contract, and to determine the rights of appellant, if any, growing out of it and the liability of appellee to appellant, if any has accrued, for the loss and damage complained of and set out in the declaration. A demurrer to the declaration was interposed and ivas sustained by the court below, and the case comes to this court, that the legal questions raised by the pleadings may be adjudicated.
It is contended that it was the duty of said water company, under its contract, to keep all its hydrants supplied with water for fire service, and that the maximum pressure on the water in the hydrants should be maintained at all times, and be applied in case of fire, and that if this duty had been performed, appellant’s property would have been saved from destruction; that- the water company failed and neglected to perform this duty, and the destruction of appellant’s property was the direct and proximate result of such failure' and negligence, and that appellee is bound, under its contract with the city of Jackson, made, as contended, for appellant’s benefit, to reimburse appellant’s loss. For appellee it is contended that the city of Jackson had no authority in law to make the contract in controversy otherwise than for itself, if it had attempted to do so, which is denied, and that the contract imposed no public duty for the violation of which a taxpayer or inhabitant, when damaged thereby, may maintain an action; that there is no privity of contract between the water company and taxpayers or inhabitants, and that the fire hydrants of the company were rented by the city for use by its own fire department and in performance of its governmental function, and as a separate entity