Birmingham Water Works Co. v. Martini
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by J. T. Martini against the Birmingham Water Works Company, for damages for nuisance. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by J. T. Martini against the Birmingham Water Works Company, for damages for nuisance. Judgment for plaintiff, and defendant appeals. After a discussion of the. facts and the franchise appellant insists that if the municipal franchise of a water supply, company provides that the service pipe in the street between the water main and the premises of the consumer shall be laid and maintained by and at the expense of the consumer, and the water company has promulgated rules generally circulated and enforced which require…
1Opinion of the Court
de G-RAFFE'NRIED, J.
This was an action of trespass on the case, brought by appellee against appellant, *655for damages for maintaining a nuisance on the premises on which he resided.
1. The action of trespass on the case is a form of action devised by the law to cover all cases where an actionable Avrong exists, for which no other remedy has been provided, and is based upon the mere justice and conscience of the case. As the system of equity was adopted to furnish a remedy for the enforcement of those controversies for which the law, on account of its inflexibility, furnishes no remedy, so the…
2Cases cited9 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
- Warren v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
- City of Eufaula v. SimmonsSupreme Court of Alabama · 1888
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907
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3Cited by37 opinions
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- B. F. Goodrich Co. v. HughesSupreme Court of Alabama · 1940
- Sloss-Sheffield Steel & Iron Co. v. WilkesSupreme Court of Alabama · 1938
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