Bienville Water Supply Co. v. City of Mobile
Supreme Court of Alabama
Appeal from the Chancery Court.of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was fil,ed by the appellee, the ■City of Mobile, against the Bienville Water Supply Company, on May 26, 1894; and prayed to have the Water Supply Company enjoined, from cutting off the water supplied to the city by said Water Supply Compano under a contract with the said city, and from lowering the pressure thereof.
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Appeal from the Chancery Court.of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was fil,ed by the appellee, the ■City of Mobile, against the Bienville Water Supply Company, on May 26, 1894; and prayed to have the Water Supply Company enjoined, from cutting off the water supplied to the city by said Water Supply Compano under a contract with the said city, and from lowering the pressure thereof. The facts of the care are sufficiently stated in the opinion.- The present appeal is prosecuted from a decree of the chancellor overruling the defendant's demurrer to the bill; and…
1Opinion of the CourtBbickell, C. J.
The City of Mobile and the Bienville Water Supply Company, under authority conferred by their' respective charters, entered into a contract by which the latter undertook to supply water to the inhabitants of the city for private purposes at fixed rates and to supply to the city itself water for public purposes, including service at fires. The charter of the company by its sixteenth section, provides for the erection of hydrants upon request of residents of certain localities, to be paid for by taxation; and that other hydrants erected under other conditions shall, with certain other apparatus…
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