City Cleaning Co. v. Birmingham Waterworks Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; O. W. Fergus on, Judge. Action by the City Cleaning Company, a partnership composed of R. R. Hudson .and W. Gilmore against the Birmingham Waterworks Company, for damages for cutting off their water. Judgment for defendant, and plaintiffs appeal.
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Appeal from Circuit Court, Jefferson County; O. W. Fergus on, Judge. Action by the City Cleaning Company, a partnership composed of R. R. Hudson .and W. Gilmore against the Birmingham Waterworks Company, for damages for cutting off their water. Judgment for defendant, and plaintiffs appeal. It appears from the evidence that plaintiffs tendered defendant $2.25 as the minimum quarterly charge for water rents for their building, and that the defendant refused the tender, demanding $6.75 as a minimum quarterly charge, and upon plaintiffs’ refusal to pay the same cut off the water on July 10th,…
1Opinion of the CourtThomas, J.
[1] Where the bill of exceptions does not purport to set out all, or substantially all, of the evidence, reasonable presumptions will be indulged in favor of the ruling of the trial court. Crow v. McKown, 192 Ala. 480, 482, 68 South. 341, L. R. A. 1915E, 372; Brannon v. City of Birmingham, 177 Ala. 419, 422, 59 South. 63; Sou. Hdw. & Supply Co. v. Standard Equip. Co., 165 Ala. 582, 585, 51 South. 789; McDonald v. Wood, 118 Ala. 589, 596, 24 South. 86; Gen. A. F. & L. Ins. Co. v. Shields, 9 Ala. App. 214, 220, 62 South. 400. In the condition of the record, we will not review an instruction…
2Cases cited14 opinions
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917
- City of Montgomery v. GreeneSupreme Court of Alabama · 1913
- Brannon v. City of BirminghamSupreme Court of Alabama · 1912
- City of Mobile v. Bienville Water Supply Co.Supreme Court of Alabama · 1900
- McDonald v. WoodSupreme Court of Alabama · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- Southern Ry. Co. v. CatesSupreme Court of Alabama · 1924
- Stull v. Daniel MacH. Co.Supreme Court of Alabama · 1922
- Harris v. BarberSupreme Court of Alabama · 1939
- City of Montgomery v. SmithSupreme Court of Alabama · 1921
4 more not listed; retrieve them via the Exa API.