Stein v. State
Supreme Court of Alabama
ÍF®om the Cireuit Cburt of Baldwin. Tried before the Hon. C. W. RapieR. This case originated in Mobile county, and was removed to Baldwin county on the application of the defendant.
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ÍF®om the Cireuit Cburt of Baldwin. Tried before the Hon. C. W. RapieR. This case originated in Mobile county, and was removed to Baldwin county on the application of the defendant. The fifth count of the indictment, on which alone the trial was had, was in these words: “The grand jury of said county further charge, that, before the finding of this indictment, an agreement was entered into, on the 26th December, 1840, between the mayor, aldermen, and common council of the city of Mobile, of the first part, and the said Albert Stein, of the second part; which agreement was in tenor as…
1Opinion of the CourtA. J. Walker, C. J.
When a party owes the public a duty, although resulting from- a contract, he is indictable for a breach of that' duty. The'obligation to the public, imposed on the defendant by his contract, was to supply water to the city of Mobile from-Three-mile creek. The contract itself stipulates nothing as to the'’quality of water that may be furnished, further-than may-be implied in the requisition, that it shall be brought from-Three-mile creek. The indictment alleges the defendant’s failure and neglect to supply “ good and wholesome water” to the inhabitants of Mobile, and also the sale and supply…
2Cases cited3 opinions
- The William GrayU.S. Circuit Court for New York · 1810
- Holloway v. CottenSupreme Court of Alabama · 1859
- Kelly v. CunninghamSupreme Court of Alabama · 1860
3Cited by14 opinions
- Canavan v. . City of MechanicvilleNew York Court of Appeals · 1920
- Bain v. StateSupreme Court of Alabama · 1878
- Troup v. StateAlabama Court of Appeals · 1946
- Clifton v. StateSupreme Court of Alabama · 1883
- Mitchell v. StateSupreme Court of Alabama · 1946
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