Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-11-21

a dwelling house containing a fam.
F.; ily." declined to pay at meter rates
but rendered the full amount due ac.
, cording to the fiat rates for DWELLING
houses. Thereupon the company shut
, off the water.
Upon petition for mandamus, pray-
! ing for restoration of the service. If is
F., held:
1-While a town is not an agent of
: the individual citizens. and authorized
to make contracts binding upon them
+. personally. yet when a person or cor
poration, as consideration, or even
as q mere inducement for the making
! of a hydrant contract with a town for
fire purposes, engages to supply water
to the inhabitants, at rates not exceed
: ing certain specified sums, and SO OBJ
/ tains the contract and it's benefits. the
contractor is under obligations to fulfil
/ the agreement as to services and rates
to individual water takers.
2-If a corporation expressly or i'm
plied!y adopts a contract made nv its
, promoters, and thereby obtains its
, benefits, it must take it with its obIi-
cations and burdens. 1t must co what
the promoters agreed to do. and so
| must all its successors. taking its
! property, rights and franchises by con-
veyance.
3-Mandamus lies by an Individual to
compel water company which is a
public service corporation, to supply
water to him.
"A public service corporation NAV
adopt reasonable rules and regulations
for the conduct of it's business. to
which individual water takers must
conform. 1t may require payment for
reasonable time i'm advance: and If
may cut off water from q customer
who refuses or neglects to pay reason
able rates
"a public service corporation NAV
revise or change its schedule of rates.
if no contract prevents, provided that
the new rates are reasonable and do
not discriminate. Within these limita-
tions water company may change
from an annual or fiat rate to a meter
rate.
Tin case of unnecessary waste. a
water company may apply a meter and
charge reasonable meter rates.
"A house occupied as Il place for
carrying on the business of keeping
boarGers, although while prosecuting
the business. and as means of prose-
cutting the business. the occupant and
his wife and children live in the house
also. is not dwelling house contain
ing family" within the meaning of
water contract fixing a rate for dwell
ing houses containing families, but is
boarding house.
S-Cnder this definition the court
finds that the plaintiffs house was not
q dwelling house containing a family
within the meaning of the contract,
and his petition based upon that con-
tentinn must be dismissed.
9EThe petition in this case is not
framed to raise the question nor are
there sufficient data shown to enable
the court to determine, whether the
meter rates charged to the petitioner
for the house as a boarding house are
excessive or not. Nor does the court
say that the rates which the defendant
demands are or are not unjust, by rea-
son of unlawful discrimination, i'm the
classification made by 1t, and in the
charges made to- theoseveral classes
nor that the defendant has or has not
the right to demand as much of the
petitioner as it does for the unpaid
water service.
Petition dismissed.
Rocpived Nov % ION.