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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.
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