Birmingham Water Works Co. v. Truss
Supreme Court of Alabama
Apiu'IAL from the City Court of Birmingham. Tried before the Hon. Chas. A. Sisnn. This action was brought by the Birmingham Water Works Company against the appellee, Martha Truss, to recover the amount alleged to he due from the defendant to the plaintiff for water used by her. The cause was tried by the court without the intervention of a jury, and upon an agreed statement of facts. The facts upon which the cause ivas tried are sufficiently stated in the opinion.
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Apiu'IAL from the City Court of Birmingham. Tried before the Hon. Chas. A. Sisnn. This action was brought by the Birmingham Water Works Company against the appellee, Martha Truss, to recover the amount alleged to he due from the defendant to the plaintiff for water used by her. The cause was tried by the court without the intervention of a jury, and upon an agreed statement of facts. The facts upon which the cause ivas tried are sufficiently stated in the opinion. The court rendered judgment in favor of the defendant, to the rendition of which the plaintiff duly excepted. The plaintiff…
1Opinion of the CourtSharpe, J.
This case was tried on an agreed statements of facts wherefrom the following appears: The rate which the plaintiff was entitled to charge the defendant for water is governed by the rates fixed by the contraed between the plaintiff and the city of Birmingham. That contract by its twelfth section provides, among other things, that “the domestic rates for water furnished under this contract to the citizens of Birmingham shall never exceed the following rates per annum:
Dwellings of three rooms or less.|8.00
Each additional room under ten. 1.00
Each additional room over ten.50
Water closet, for…
2Cases cited2 opinions
- Smith v. Birmingham Water Works Co.Supreme Court of Alabama · 1893
- Crosby v. City CouncilSupreme Court of Alabama · 1895
3Cited by4 opinions
- Birmingham Water Works Co. v. KeileyAlabama Court of Appeals · 1911
- Birmingham Water Works Co. v. BrownSupreme Court of Alabama · 1914
- City Cleaning Co. v. Birmingham Waterworks Co.Supreme Court of Alabama · 1920
- Mayor of Birmingham v. Birmingham Water Works Co.Supreme Court of Alabama · 1907