Los Angeles Water Co. v. Los Angeles City
Before: Sharpstein
Synopsis
Construction of Contract—Water Company—Sprinkling of Streets.— In a lease of the Los Angeles Water Works, hy the defendant to the plaintiff, it was provided that the plaintiff should not dispose of water for purposes of irrigation, but should only take from the river the water necessary for domestic purposes. The defendant took water from the plaintiff’s pipes for the purpose of sprinkling the streets of the city: but, while this was done, the plaintiff had on hand of the waters of Los Angeles River more than sufficient for supplying the inhabitants of -the city with water for domestic purposes. In an action by the plaintiff to recover from the defendant the value of the water taken, held, that the plaintiff was only entitled to receive pay for water furnished to the inhabitants of the city for domestic purposes, and that it had no right to the surplus.
Sharpstein, J.: This is an appeal from a judgment rendered in favor of the ■ defendant, in an action brought to recover $2,500 for water al[177]leged to have been furnished by the plaintiff to the defendant for sprinkling its streets.
The defendant leased the Los Angeles Water Works to the plaintiff, “ for the sale or delivery of water to the inhabitants of said city for domestic purposes,” upon certain conditions, which it agreed to perform. The defendant agreed to lay down pipes of sufficient capacity to supply the inhabitants of the city with water for domestic purposes, and, within two years after the date of the contract, to erect such machinery in connection with the 'water-works as would secure to the inhabitants of said city a constant supply of water for domestic purposes. The plaintiff further agreed to furnish water for the public schools, city hospitals, and jails, free of charge. And said contract contained the following proviso and stipulation: “ Provided always, that the rights and privileges by these presents conceded to said parties of the second part do not embrace to any extent, or have any reference to, the water-works of said city, used for the distribution of water for the purpose of irrigation, or to affect in any manner any rights of irrigation, either existing at present, or which may exist hereafter, except as to the ten inches of water as hereinbefore provided. _ And it is expressly stipulated and covenanted that said parties of the second part shall not dispose of any water for the purposes of irrigation, but shall only take from said river the water necessary for domestic purposes, as above specified.”
Upon the points directly involved in this action the Court found:
“ That defendant, from the 1st day of May, 1877, to the 24th day' of August, 1878, at various times had taken water from plaintiff’s pipes, and had taken the same, without plaintiff’s consent, for sprinkling the streets of said city; and that during said time no water has been furnished by plaintiff or used by defendant for that purpose that was not indispensable to said city for sprinkling and watering said streets.”
“ That no price or rate has been fixed by the City of Los Angeles, or by any other party or persons, for the sale of said water, save the rates fixed by the plaintiff itself, and for its own benefit.”
“ That on the 1st day of March, 1877, the Council of the [178]
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