William R. Mcfeeters Et Als v. J.A. Parker Book Reviews

William R. Mcfeeters Et Als v. J.A. Parker by Supreme Court of Wisconsin Book Summary

This is a petition for a writ of mandamus to enforce an order of the public service commission. Upon March 24, 1942, after due hearing upon a petition of the attorney general, the commission found the following facts: J. A. Parker, the respondent, operates a water system serving territory around Waterbury Center and this system is a public utility. He obtained permission of the Commission to acquire the property and has since filed annual reports with the commission as required under the laws governing public utilities. The system extends to the premises of Mr. and Mrs. Roland McNeil and Mr. and Mrs. Ralph Post, which are on an extension from the main line of the system. Before November 1, 1941, the respondent delivered to each of the above named families notice that he would not furnish them water after that date. However, he did continue to furnish them water after that date and to collect rent as usual. These parties were paid up and in good standing. In February, 1942, after some minor interruptions which were not of long duration and which were repaired by the respondent, the service stopped. Notice was given to the respondent, but he refused to take any steps to find out what the cause was or to remedy it. He never applied to the commission for permission to discontinue this service. The system has an adequate supply of water even during dry years for all its customers. The respondent will have no financial difficulty in doing whatever is necessary to restore the service. If the water pipe for this service has to be entirely replaced the expense will not be over two hundred dollars. The Post premises are used as an advertised tourist stop and this water supply was necessary in order to obtain approval and license from the state board of health. The owners were obliged to turn away regular guests during February, 1942. The McNeil farm has been forced to draw water for stock and for family use. The commission finds that continuance of the service to these two families is necessary for the safety, convenience and accommodation of the public. Thereupon the commission ordered the respondent to forthwith furnish to such families such supply of water as had been furnished to them prior to September 23, 1941, under the terms and conditions set forth in his tariff on file with the commission, and that he should forthwith cause the pipe lines and other appliances necessary to bring such supply of water to the buildings of these families to be repaired, replaced and maintained in such a manner that the supply will be available at all times.

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