Buckley v. Cunningham
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. The appellees, Cunningham & Aderholdt, brought the present action against M. L. Buckley, to recover damages for injury to a stock of goods, which was caused by the bursting of a water pipe in a room over the storeroom of the plaintiffs, which had been rented from the defendant.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. The appellees, Cunningham & Aderholdt, brought the present action against M. L. Buckley, to recover damages for injury to a stock of goods, which was caused by the bursting of a water pipe in a room over the storeroom of the plaintiffs, which had been rented from the defendant. The facts of the case are sufficiently stated in the opinion . The cause was tried without the intervention of a jury, upon the pleas of the general issue and contributory negligence; and the court, after hearing all the evidence in the case,…
1Opinion of the CourtColeman, J.
The plaintiffs, Cunningham and Ader*451holdt, rented from Buckley the lower rooms of a building, in which they carried on a millinery business. There was a water pipe leading from the main of the water works of the city of Attalla, under ground to the rear of the building, and up through the room rented by plaintiffs to an upper room overhead by means of which water was conducted to the upper story. On account of a freeze the pipe bursted in the upper room and the water escaping therefrom leaked through upon the goods of the plaintiff in the room underneath and injured them. The upper room was…
2Cases cited5 opinions
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