City of Montgomery v. McDade
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. R. McDade and others for mandatory injunction against the city of Montgomery to require the said city in its capacity as a public utility concern to furnish him water through meter boxes without charge for said boxes. From a decree granting the relief prayed, respondent appeals.
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Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. R. McDade and others for mandatory injunction against the city of Montgomery to require the said city in its capacity as a public utility concern to furnish him water through meter boxes without charge for said boxes. From a decree granting the relief prayed, respondent appeals. The question to be determined is whether or not a city can make a contract with customers residing without its corporate limits in Avhich a greater rate is charged for Avater than Is charged to its customers residing Avithin the limits…
1Opinion of the CourtMayfield, J.
This case is ruled by the case of City of Montgomery v. Greene et al., Infra., 60 South. 900, except as to one question, and this involves the right of the city (which'is exercising the functions of a public utility corporation, in furnishing water to the inhabitants of the ' city and to other consumers) to charge consumers Avith the cost of setting a meter box for measuring the water consumed by them respectively.
The right to make such charge must depend either upon a special contract to that effect, or upon charter powers authorizing the city, as a Avater company, to impose the same. The…
2Cases cited3 opinions
- City of Montgomery v. GreeneSupreme Court of Alabama · 1913
- Bothwell v. Consumers' Co.Idaho Supreme Court · 1907
- Montgomery L. & W. P. Co. v. WattsSupreme Court of Alabama · 1910
3Cited by6 opinions
- Nord v. Butte Water Co.Montana Supreme Court · 1934
- Title G. Etc. Co. v. Railroad CommissionCalifornia Supreme Court · 1914
- Birmingham W. W. Co. v. HernandezSupreme Court of Alabama · 1916
- City of Montgomery v. SmithSupreme Court of Alabama · 1921
- City of Montgomery v. McDadeSupreme Court of Alabama · 1914
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