Birmingham Water Works Co. v. Vinter
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by George Yin ter against the Birmingham Waterworks Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by George Yin ter against the Birmingham Waterworks Company. Judgment for plaintiff, and defendant appeals. In his oral charge to the jury the court said: “If the nature of the contract is such that a. breach of it would cause the plaintiff inconvenience and annoyance, and these were naturally incident to the breach of it, and these facts were known to the parties to the contract at the time of making it, then I charge you that any annoyance, inconvenience, or distress which plaintiff may have sustained would be a…
1Opinion of the CourtAndebson, J.
So much of the oral charge as was excepted to was to the effect that the jury could assess *492damages for mental anguish incident to or resulting from a breach of the contract, if the same was within the contemplation of the parties at the time the contract was made: This case seems to have been tried before this court decided the case of Birmingham Waterworks v. Ferguson, Infra, 51 South. 150, and the learned trial court evidently attempted to lay down a rule applicable to telegraph cases, but which are differentiated from cases of this character in the opinion qf the court in the Ferguson…
2Cases cited2 opinions
- Birmingham Water Works Co. v. FergusonSupreme Court of Alabama · 1909
- American Oak Extract Co. v. RyanSupreme Court of Alabama · 1895
3Cited by14 opinions
- B & M HOMES, INC. v. HoganSupreme Court of Alabama · 1979
- F. Becker Asphaltum Roofing Co. v. MurphySupreme Court of Alabama · 1932
- Sanford v. Western Life Ins. Co.Supreme Court of Alabama · 1979
- Stead v. Blue Cross-Blue Shield of AlabamaSupreme Court of Alabama · 1977
- Hall v. JacksonColorado Court of Appeals · 1913
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