Birmingham Waterworks Co. v. Davis
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; Romaine Boyd, Judge. . Action by Max Davis against the Birmingham Waterworks Company. Judgment for plaintiff, and defendant appeals. Action by plaintiff against the defendant for damages for negligently and wantonly disconnecting plaintiff from water supply.
1Opinion of the CourtSamford, J.
[1] On the trial of the ease, the question of punitive damages was submitted to the jury, and the first insistence of appellant in brief is that the court erred in so doing. The rule that constitutes grounds for the recovery of punitive damages has been stated in Lienkauf & Strauss v. Morris, 66 Ala. 406, Wilkinson v. Searcy, 76 Ala. 176, and followed by this court and the Supreme Court, in many cases, the last utterance being in the case of Shepard v. L. & N. R. R. Co., 76 South. 850, 1 but where there is such an entire want of care as to raise the presumption that the person at fault is…
2Cases cited7 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- Wood v. City of AuburnSupreme Judicial Court of Maine · 1895
- Cumberland Telegraph & Telephone Co. v. HobartMississippi Supreme Court · 1906
- Birmingham Water Works Co. v. KeileyAlabama Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Watkins v. LaytonSupreme Court of Kansas · 1958
- Sims v. Alabama Water Co.Supreme Court of Alabama · 1920
- Schultz v. Town of LakeportCalifornia Supreme Court · 1936
- Alabama Water Service Co. v. WakefieldSupreme Court of Alabama · 1935
- Mobile Electric Co. v. NelsonSupreme Court of Alabama · 1923
7 more not listed; retrieve them via the Exa API.