Arnold v. Alabama Power Co.
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County; A. P. Agee, Judge. Action by A. H. Arnold against the Alabama Power Company for damages for cutting- his lights off. From adverse rulings on the complaint, plaintiff takes nonsuit and appeals.
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Appeal from Circuit Court, Calhoun County; A. P. Agee, Judge. Action by A. H. Arnold against the Alabama Power Company for damages for cutting- his lights off. From adverse rulings on the complaint, plaintiff takes nonsuit and appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 450. The following is the complaint: “Count 1. Plaintiff claims of the defendant the sum of $1,000’ as damages for, to wit: > “That the defendant is, and has since May 9, 1917, been a public service corporation, engaged in furnishing electric light service to the people of Anniston, under a…
1Opinion of the CourtThomas, J.
The suit was for breach of duty by a public service corporation to continue to furnish electric current to plaintiff’s residence.
In Birmingham Ry., L. & P. Co. v. Littleton, 201 Ala. 141, 147, 77 South. 565, 571, this court said:
“ * * * In an action against a public service company for failure to serve an applicant entitled to service, it is necessary to allege: (1) That the defendant was engaged in the discharge of a public service; (2) that the plaintiff came within the class of people whom the defendant was bound to serve; (3) that the plaintiff had performed all reasonable conditions…
2Cases cited2 opinions
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917
- Hodge v. Alabama Water Co.Supreme Court of Alabama · 1921
3Cited by6 opinions
- Alabama Water Co. v. KnowlesSupreme Court of Alabama · 1929
- Birmingham Water Works Co. v. BarksdaleSupreme Court of Alabama · 1933
- Mobile Electric Co. v. NelsonSupreme Court of Alabama · 1923
- Coosa Valley Telephone Company v. MartinSupreme Court of Alabama · 1961
- Alabama Power Co. v. HensonSupreme Court of Alabama · 1939
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