Ellis v. Birmingham Water Works Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by Rhoda W. Ellis against the Birmingham Water Works Company for damages for loss of property by fire proximately caused by a failure of the water-company to supply sufficient water for fire purposes. Judgment for defendant and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by Rhoda W. Ellis against the Birmingham Water Works Company for damages for loss of property by fire proximately caused by a failure of the water-company to supply sufficient water for fire purposes. Judgment for defendant and plaintiff appeals. The case of Lovejoy v. Bessemer W. W. Go., 146 Ala. 374, is essentially unsound but even if it be sound, the counts state a different cause of action, and defendant is liable for the wanton or intentional wrong as shown by the second count.—Yarbrough v. Garter, 60 South. 833.…
1Opinion of the CourtMayfield, J.
This was an action by the appellant, to recover damages of the appellee, for the loss of property destroyed by fire on account of the Waterworks Company’s failure to furnish sufficient water and water pressure with which to put out the fire which destroyed appellant’s property.
The complaint contains several counts, but each is grounded upon the Waterworks Company’s failure to so furnish sufficient water and water pressure. Some of the counts allege negligent failure to so furnish sufficient water, and others allege the wanton and intentional failure to furnish sufficient water and water…
2Cases cited9 opinions
- German Alliance Insurance v. Home Water Supply Co.Supreme Court of the United States · 1912
- National Bank v. Grand LodgeSupreme Court of the United States · 1878
- Nickerson v. Bridgeport Hydraulic Co.Supreme Court of Connecticut · 1878
- Guardian Trust & Deposit Co. v. FisherSupreme Court of the United States · 1906
- Ancrum v. Camden Water, Light & Ice Co.Supreme Court of South Carolina · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Harris v. Board of Water and Sewer Com'rs of City of MobileSupreme Court of Alabama · 1975
- Weston v. National Manufacturers & Stores Corp.Supreme Court of Alabama · 1950
- Attalla Oil & Fertilizer Co. v. GoddardSupreme Court of Alabama · 1922
- Jones v. Gulf States Steel Co.Supreme Court of Alabama · 1921
4 more not listed; retrieve them via the Exa API.