Liability of Water Companies for Losses by Fire

Abstract

New cases continue to be brought. by citizens whose property has been destroyed by fire because of a failure of the water sup,:, ply. In the recent Florida case of Woodbury 7). Tampa Water' works Co., 49 So. 556; 21 L. R. A. (N. 5.) 1034, it was held t9at where a water company, engaged in the public service of supplying water for public and private use, had contracted with a city to furnish water for the putting out of fires, it was liable to a citizen for a loss caused by the company's failure to live up to its contract. This decision has been rather severely criticised,! and it is contrary to the great weight of authority, numerically counted. The liability of the company has two possible bases, its contract with the city and its public duty as a pub\ic service corporation. These will be considered separately.