Birmingham W. W. Co. v. Hernandez
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Mandamus by Robert M. Hernandez against the Birmingham Waterworks Company to compel it to install a service pipe between its main and the property line of the relator. From a decree granting the writ, respondent appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Mandamus by Robert M. Hernandez against the Birmingham Waterworks Company to compel it to install a service pipe between its main and the property line of the relator. From a decree granting the writ, respondent appeals. The petition alleges that relator is a resident of the city of Birmingham, and is engaged in business under the name of the Hernandez Machinery Company, conducting a machine shop at 311 South Twelfth street in the city of Birmingham, which said premises abuts on a portion of the public streets, in said city…
1Opinion of the CourtSayre, J.
The question in this case arises out of an application by Hernandez for a writ of mandamus to compel the Birmingham Waterworks Company to lay at its expense a lateral or service pipe line from its main to the premises of the petitioner, who desires to be supplied with water.
Respondent is exercising charter powers under and by virtue of the special act of incorporation approved February 13, 1885 *440(Acts 1884-85, p. 415 et seq.). This charter- authorized respondent “to send and distribute water throughout the said city and places adjacent thereto,” and “to lay pipes for conducting its water, and…
2Cases cited22 opinions
- Wheeler v. WallaceMichigan Supreme Court · 1884
- City of Montgomery v. GreeneSupreme Court of Alabama · 1913
- Hatch v. Consumers Co.Idaho Supreme Court · 1909
- City of Greenville v. Greenville Water Works Co.Supreme Court of Alabama · 1899
- State ex rel. Hallauer v. GosnellWisconsin Supreme Court · 1903
17 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City Cleaning Co. v. Birmingham Waterworks Co.Supreme Court of Alabama · 1920
- Steele v. Louisville N. R. Co.Supreme Court of Alabama · 1944
- A. S. Knowles Dry Goods Co. v. GunterSupreme Court of Alabama · 1920
- Greil v. StollenwerckSupreme Court of Alabama · 1918
- Miller v. Hillview Water Works Project, Inc.Supreme Court of Alabama · 1962
6 more not listed; retrieve them via the Exa API.