Stein v. McArdle
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons. McArdle & WJaters brought suit, before a justice of the peace, against Albert Stein, the proprietor of the City Water Works of Mobile, for neglecting and refusing to furnish a supply of water, after a tender of the water rent. The facts of the case appear in the opinion of the court.
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Error to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons. McArdle & WJaters brought suit, before a justice of the peace, against Albert Stein, the proprietor of the City Water Works of Mobile, for neglecting and refusing to furnish a supply of water, after a tender of the water rent. The facts of the case appear in the opinion of the court. The justice rendered judgment for the plaintiffs, and the defendant appealed to the Circuit Court, where judgment was again rendered against him. To reverse this judgment he now prosecutes this writ of error, and assigns for error the…
1Opinion of the CourtPhelan, J.
By the act of January 7, 1841, (Acts of 1840-1, p. 53,) and an agreement previously entered into with the Corporation of Mobile, Albert Stein became vested with all the rights and immunities of the Mobile “Aqueduct Company,” as chartered in 1820, and amended in 1837? and subject to all *345the duties to which, by law, that company Was subjectthe principal of which was, to supply such of the citizens of Mobile with water as would observe all reasonable and proper by-laws and regulations, and pay the lawful rates.
By-law No. 3 contains this provision: “ No proprietor, or occupant of a house or lot,…
2Cited by5 opinions
- City of Montgomery v. GreeneSupreme Court of Alabama · 1913
- Etheredge v. City of NorfolkSupreme Court of Virginia · 1927
- Waldron v. International Water Co.Supreme Court of Vermont · 1921
- Eutaw Ice, Water & Power Co. v. McGeeAlabama Court of Appeals · 1919
- Burnham & Co. v. MartinSupreme Court of Alabama · 1875