City of Montgomery v. Greene
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by R. H. Greene and others against the city of Montgomery for a mandatory injunction requiring the city to furnish complainant water at their regular rates, and to- supply meters. From a decree granting the relief prayed respondent appeals.
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Appeal from Montgomery Chancery Court. Heard before Hon. L. D. Gardner. Bill by R. H. Greene and others against the city of Montgomery for a mandatory injunction requiring the city to furnish complainant water at their regular rates, and to- supply meters. From a decree granting the relief prayed respondent appeals. The appellant is operating a system of waterworks for the inhabitants of the city of Montgomery, and the rate to the inhabitants has no relation whatever to the value of the water supply, and neither the inhabitants nor the trustees owe any public duty to those living outside the…
1Opinion of the CourtAnderson, C. J.
It may be conceded that the city is under no obligation to supply an ordinary out-lander with water, or to do so at the same rate as those *198entitled to the service under the terms of the charter contract. We are not, however, dealing with the ordinary outlander, but with those who have been made, by the action of the city, its regular consumers and patrons, and who are entitled to the same protection with its other customers and patrons belonging to the same class, whether within or without the corporate limits of the city. It was optional with the city, under the act of the Legislature, as to…
2Cases cited1 opinion
- City of Montgomery v. GreeneSupreme Court of Alabama · 1913
3Cited by9 opinions
- City of Roanoke v. FisherSupreme Court of Virginia · 1952
- City of Montgomery v. SmithSupreme Court of Alabama · 1921
- State Ex Rel. Lammons v. CommanderSupreme Court of Alabama · 1924
- WATER WORKS BD. OF CITY OF BIRMINGHAM v. BarnesSupreme Court of Alabama · 1983
- City of Montgomery v. McDadeSupreme Court of Alabama · 1914
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