Birmingham Waterworks Co. v. Brooks
Alabama Court of Appeals
Appeal from City Court of Birmingham; Charles W. Ferguson, Judge. Action by Carrie Brooks against the Birmingham Waterworks Company for damages for failure to supply water. Judgment for plaintiff, and defendant appeals. For opinion in Supreme Court, denying certiorari, see Ex parte Brooks, 200 Ala. 697, 76 South. 995. The complaint alleges a negligent and wrongful refusal of defendant to, furnish plaintiff water at her residence, and consequent damage.
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Appeal from City Court of Birmingham; Charles W. Ferguson, Judge. Action by Carrie Brooks against the Birmingham Waterworks Company for damages for failure to supply water. Judgment for plaintiff, and defendant appeals. For opinion in Supreme Court, denying certiorari, see Ex parte Brooks, 200 Ala. 697, 76 South. 995. The complaint alleges a negligent and wrongful refusal of defendant to, furnish plaintiff water at her residence, and consequent damage. The second count is the same as the first, except that it alleges willful, wanton, or negligent failure. The following were defendant’s pleas:…
1Opinion of the Court
BROWN, X
[1] Whether the duty of the water company to supply appellee with water arises out of the nature of its business, as one affected with public interest, or out of a contract subsisting between the city of Birmingham and the water company, it is qualified by the duty of appellee to provide a proper service pipe to convey the water from the main to the premises; this because the water company has no right, in the absence of contract, to lay such service pipe on private property. Otherwise stated, the right of the citizen to be supplied with water by a public water company is qualified by…
2Cases cited24 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Sparks v. McCrearySupreme Court of Alabama · 1908
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
19 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Northwestern National Casualty Company of Milwaukee, Wisconsin v. Edward A. McNulty and Walter Scott SmithCourt of Appeals for the Fifth Circuit · 1962
- Pihakis v. CottrellSupreme Court of Alabama · 1971
- Foust v. KinneySupreme Court of Alabama · 1918
- Sims v. Alabama Water Co.Supreme Court of Alabama · 1920
- Norton v. BumpusSupreme Court of Alabama · 1930
14 more not listed; retrieve them via the Exa API.