Bessemer Water Works Co. v. Murphy
Alabama Court of Appeals
Appeal from the Bessemer City Court. Heard before Hon. J. C. B. Gwin. ■Action by P. H. Murphy against the Bessemer Water Works for damages for cutting off his ' water supply. Judgment for plaintiff and defendant - appeals. Demurrers should have been sustained to the 1st count of the complaint. — City Council v. Halsey, 40 South. 665; Lovejoy v. Bessemer W. Whs., 41 South. 76; Birm. W. Whs.
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Appeal from the Bessemer City Court. Heard before Hon. J. C. B. Gwin. ■Action by P. H. Murphy against the Bessemer Water Works for damages for cutting off his ' water supply. Judgment for plaintiff and defendant - appeals. Demurrers should have been sustained to the 1st count of the complaint. — City Council v. Halsey, 40 South. 665; Lovejoy v. Bessemer W. Whs., 41 South. 76; Birm. W. Whs. Co. v. Vinter, 51 South. 356; Same v. Ferguson, 51 South. 150. Demurrer to the 2nd count should have been sustained. — City Del: Co. v. Henry, 34 South 389. The plaintiff was not entitled to recover…
1Per curiam
While many questions which arose in the court below on the pleadings in this case are presented by this, record, the truth of the situation which brought about this controversy is made apparent from the evidence as it is set out in the bill of exceptions, and we will dispose of this case on its merits.
1. The facts are as follows: Appellee owns a house in Bessemer, which he rents out to tenants for residential purposes. The usual rental received by the appellee for the rent of the house is f 16 per month. The appellánt, under a franchise granted by the city of Bessemer, is engaged in…
2Cases cited10 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- Birmingham Water Works Co. v. MartiniAlabama Court of Appeals · 1911
- Culver v. HillSupreme Court of Alabama · 1880
- Birmingham Water Works Co. v. KeileyAlabama Court of Appeals · 1911
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3Cited by1 opinion
- Amii v. AdamsHawaii Supreme Court · 1953