City of Montgomery v. Greene
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by B. H. Greene and others against the city of Montgomery. From a decree for complainants, respondent appeals.
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Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by B. H. Greene and others against the city of Montgomery. From a decree for complainants, respondent appeals. The case made by the bill is that, under an act of the Legislature, the city of Montgomery is furnishing water through a waterworks system, owned and operated by it, to the inhabitants of the city of Montgomery, both within the city and without the city, but in the police jurisdiction thereof; that, before the town of Clover-dale was incorporated, the city of Montgomery did extend and lay a water main, as…
1Opinion of the CourtAnderson, J.
Under the act of January 26, 1891 (Laws 1891, p. 243), authorizing the city of Montgomery to maintain a water supply system and under the *328ordinances of said city, it is the duty of the city to furnish and maintain the water main with which its patrons can connect their service pipes. The service pipe, as required of the consumer, means only a connection from the residence of the owner with the main artery which supplies the water to the street or immediate locality on which, or in which, his property is located, whether said artery be designated as a main or service pipe. Nor does it matter,…
2Cases cited5 opinions
- Smith v. Birmingham Water Works Co.Supreme Court of Alabama · 1893
- City of Mobile v. Bienville Water Supply Co.Supreme Court of Alabama · 1900
- State ex rel. Ferguson v. Birmingham W. Works Co.Supreme Court of Alabama · 1910
- Stein v. McArdleSupreme Court of Alabama · 1854
- Brown v. City of MeridianMississippi Supreme Court · 1912
3Cited by42 opinions
- City of Texarkana v. WigginsTexas Supreme Court · 1952
- Cloverdale Homes v. Town of CloverdaleSupreme Court of Alabama · 1913
- Delony v. RuckerSupreme Court of Arkansas · 1957
- Faxe v. City of GrandviewWashington Supreme Court · 1956
- Dale Ex Rel. Dale v. City of MorgantonSupreme Court of North Carolina · 1967
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