Imposing fire-loss liability on water utilities would create unlimited, indeterminate liability

Evidence

If the principle for which appellant contends were the law there would be no predetermined limit of liability. There are large water companies and small water companies; companies with ample supply of watter and companies with lim ted and inadequate supply and perhaps with inability to increase the water resources; companies of such size that a considerable verdict against them for a fire loss would bankrupt them or leave them insufficiently financed to meet the general needs of their communities. Important as is a sufficient flow of water, under adequate pressure, for five purposes, that is not the only use nor, indeed, the most imperative use, for which a municipality needs water. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2344

Categorization

• XREF: connects to: An outmoded liability rule should not shield utilities at the cost of human life — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2365