Birmingham Railway, Light & Power Co. v. Pratt & McCurdy
Supreme Court of Alabama
Certiorari to Court of Appeals. Pratt & McCurdy brought an action against the Birmingham. Railway, Light & Power Company for dam..ages for failure to furnish gas for lighting purposes. Judgment for plaintiff in the trial court, and on appeal to the Court of Appeals such judgment was reversed and remanded. See 10 Ala. App. 273, 64 South 510. Plaintiffs'bring .certiorari to review the judgment and decision of the Court of Appeals.
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Certiorari to Court of Appeals. Pratt & McCurdy brought an action against the Birmingham. Railway, Light & Power Company for dam..ages for failure to furnish gas for lighting purposes. Judgment for plaintiff in the trial court, and on appeal to the Court of Appeals such judgment was reversed and remanded. See 10 Ala. App. 273, 64 South 510. Plaintiffs'bring .certiorari to review the judgment and decision of the Court of Appeals. The courts refuse to •found any rights upon wrong doing, and contracts or promises are wholly void where any part is rendered illegal by statute or common…
1Opinion of the CourtSayre, J.
After due consideration of the record in this case, the court is satisfied that the conclusions *513reached by the Court of Appeals are correct and that the application for review in this court should be refused.
It may appear to be hardly necessary, but, considerering the urgency of petitioners’ argument, we have thought it well to add the following on two- points which are conclusive of the question of pleading raised on the record:
1. Whether the counts condemned in the opinion of the Court of Appeals be in contract, or in tort as petitioners insist, it was necessary to allege a relation between…
2Cases cited4 opinions
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Myers v. GilbertSupreme Court of Alabama · 1850
- Folmar v. SilerSupreme Court of Alabama · 1902
- Sims v. Alabama Brewing Co.Supreme Court of Alabama · 1901
3Cited by7 opinions
- Wendlandt v. Hartford Accident & Indemnity Co.Wisconsin Supreme Court · 1936
- Mobile Electric Co. v. NelsonSupreme Court of Alabama · 1923
- Mertins v. Hubbell Publishing Co.Supreme Court of Alabama · 1914
- Pratt v. Birmingham Ry. L. & P. Co.Supreme Court of Alabama · 1915
- Oklahoma Natural Gas Co. v. YoungCourt of Appeals for the Tenth Circuit · 1940
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