Birmingham Water Works Co. v. Bailey
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon: A. O. Lane. Action by William T. Bailey against the Birmingham Water Works for damages for cutting off his water supply.
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Appeal from Jefferson Circuit Court. Heard before Hon: A. O. Lane. Action by William T. Bailey against the Birmingham Water Works for damages for cutting off his water supply. Judgment for plaintiff for |400. A remittitur of damages in the sum of |200 was ordered, and being accepted by both parties by writing filed, Counsel discuss the errors assigned but without citation of authority except to the proposition that it was the duty legally and morally of the one injured to reduce the damages as much as possible, and to render the injury and loss as small as possible, which in this case could…
1Opinion of the Court
PELHAM, J. —
The case went to. the jury in the trial court on one count of the appellee’s complaint, whereby a recovery was sought against appellant for damages for the breach of a contract to furnish appellee water at his residence in the city of Birmingham for domestic uses for a certain quarter of the year 1908; the appellant-being engaged in the business of supplying water to the inhabitants of that city. The appellant filed a plea of the general issue.
The facts were practically undisputed, and were in substance as follows: The plaintiff, Bailey, moved into the residence in question in…
2Cases cited9 opinions
- Kennon v. GilmerSupreme Court of the United States · 1889
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Stephenson v. MansonySupreme Court of Alabama · 1842
- Birmingham Railway, Light & Power Co. v. RutledgeSupreme Court of Alabama · 1904
- McCleskey & Whitman v. Howell Cotton Co.Supreme Court of Alabama · 1906
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3Cited by5 opinions
- Schultz v. Town of LakeportCalifornia Supreme Court · 1936
- Ex Parte SmithSupreme Court of Alabama · 1934
- Alabama Water Co. v. BarnesSupreme Court of Alabama · 1919
- Birmingham Gas Co. v. McKinleySupreme Court of Alabama · 1934
- Smith v. City of BirminghamSupreme Court of Alabama · 1934