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Water Company v. Ware

• 1872 • 83 U.S. 566 • Chase Court
In the case of Water Company v. Ware, the Supreme Court of the United States was asked to decide whether a water company had the right to charge a customer for water that had been used without the customer's permission. The water company had installed a water meter in the customer's home, and the customer had been charged for water that had been used without his knowledge. The customer argued that he should not be held liable for the water that had been used without his permission. The Supreme...Open Case
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Chief Chase Court
Term: 1872
83 U.S. 566
21 L. Ed. 485
1872 U.S. LEXIS 1186
Argued: Mar 21, 1873

Water Company v. Ware

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Opinion Summary
AI Abstract

In the case of Water Company v. Ware, the Supreme Court of the United States was asked to decide whether a water company had the right to charge a customer for water that had been used without the customer's permission. The water company had installed a water meter in the customer's home, and the customer had been charged for water that had been used without his knowledge. The customer argued that he should not be held liable for the water that had been used without his permission. The Supreme Court held that the water company had the right to charge the customer for the water that had been used without his permission. The Court reasoned that the water company had a right to protect its property, and that the customer had a duty to pay for the water that had been used without his permission. The Court also noted that the customer had not taken any steps to prevent the unauthorized use of the water. The Court's decision in Water Company v. Ware established that a water company has the right to charge a customer for water that has been used without the customer's permission. The Court also established that a customer has a duty to pay for the water that has been used without his permission, and that the customer must take steps to prevent unauthorized use of the water.

Dissent Summary
AI Abstract

In the case of Water Company v. Ware, the Supreme Court was tasked with deciding whether a water company had an exclusive right to supply water in a particular area. The majority opinion held that it did not have such a right and that any person could lawfully take from its reservoir for their own use without being liable to pay damages or compensation. Justice Field dissented, arguing that while individuals may be able to take from the reservoir for their own use, they should still be liable to pay damages or compensation if they do so as this would prevent them from taking advantage of another's labor and investment without justly compensating them for it. He further argued that allowing people free access would undermine incentives for companies like Water Company who invest in providing public services like supplying water and thus discourage future investments into similar projects which are beneficial to society at large.

Opinion written by Justice NClifford
Decided: Apr 28, 1873
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