Birmingham Water Works Co. v. Wilson
Alabama Court of Appeals
Appeal from Birmingham C'-ity Court. ' Heard before Hon. O. W. Ferguson. Action by C. W. Wilson against the Birmingham Water Works Company for damages for cutting off his Avater supply. Judgment for plaintiff and defendant appeals. Under the facts in this case the court Avas in error in saying that the plaintiff might, if the jury so decided, be awarded punitive damages. — Folk’s .case, 115 Ala. 287; C. P. Ry.
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Appeal from Birmingham C'-ity Court. ' Heard before Hon. O. W. Ferguson. Action by C. W. Wilson against the Birmingham Water Works Company for damages for cutting off his Avater supply. Judgment for plaintiff and defendant appeals. Under the facts in this case the court Avas in error in saying that the plaintiff might, if the jury so decided, be awarded punitive damages. — Folk’s .case, 115 Ala. 287; C. P. Ry. Co. v. Lee, 92 Ala. 262; Anniston P. Works v. Dickey, 93 Ala. 421; R. R. Co. v. Foster, 134 Ala. 244; Montgomery St. Ry. v. Rice, 142 Ala. 674.
1Opinion of the CourtPelham, J.
Although, a number of assignments of error are made, all of those insisted upon, except as to the question of excessive damages raised on the motion for a new trial, go to the right of the appellee (the plaintiff below) to. recover of the appellant (the defendant beloAv) exemplary, punitive, or vindictive damages.' The question' is presented, by appellant in different forms: First, by exceptions reserved to certain parts of the oral charge of the court submitting to the jury the right‘to aAvard appellee exemplary or punitive'damages; second, by exceptions reserved to the refusal of the trial…
2Cases cited8 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kelite Products, Inc., and R. C. Martin v. Alvin J. Binzel, Jr., Trading as Kelite Products of AlabamaCourt of Appeals for the Fifth Circuit · 1955
- Alabama Power Co. v. DunlapSupreme Court of Alabama · 1941
- Edwards v. MassingillAlabama Court of Appeals · 1912
- Southern Railway Co. v. HarrisonSupreme Court of Alabama · 1914
- Birmingham Electric Co. v. BaileyAlabama Court of Appeals · 1943
1 more not listed; retrieve them via the Exa API.