Legal Opinion

Holloway v. Macon Gas Light & Water Co.

Supreme Court of Georgia

Decided April 14, 1909PublishedCited by 20 opinions

The question in this case was certified to this court by order of the Court of Appeals, which is as follows: “J. D. Holloway v. Macon Gas Light and Water Company.

Read the full summary

The question in this case was certified to this court by order of the Court of Appeals, which is as follows: “J. D. Holloway v. Macon Gas Light and Water Company. In the foregoing case pending in the Court of Appeals, said court desires the instruction and decision of the Supreme Court as to the following question of law necessary to the proper determination thereof, to wit: Does a petition set out a good cause of action, which alleges: that the defendant is the Macon Gas Light & Water Company, which is a public-service corporation engaged in furnishing water to the City of Macon and to the…

1Opinion of the CourtFish, C. J.

(After stating the facts.) The great weight of authority is to the effect that a resident of a city can not recover of a waterworks company damages for loss by fire occasioned by the failure of such company to furnish, in accordance with its contract with the city, a sufficient supply of water to extinguish the fire. Fowler v. Athens City Waterworks Co., 83 Ga. 219 (9 S. E. 673, 20 Am. R. 313); Nickerson v. Bridgeport Hydraulic Co., 46 Conn. 24 (33 Am. St. R. 1); Atkinson v. Newcastle and Gateshead Water Works Co., L. R. A. 2 Ex. D. 441; Foster v. Lookout Water Co., 3 Lea (Tenn.), 42; Davis…

2Cases cited35 opinions

  1. Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
  2. House v. Houston Waterworks CompanyTexas Supreme Court · 1895
  3. City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
  4. Allen & Currey Mfg. Co. v. Shreveport Waterworks Co.Supreme Court of Louisiana · 1905
  5. Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893

30 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
  2. Miree v. United StatesSupreme Court of Georgia · 1978
  3. Woodbury v. Tampa Water Works Co.Supreme Court of Florida · 1909
  4. Mills v. MoseleyCourt of Appeals of Georgia · 1935
  5. Quinn v. Georgia Power Co.Court of Appeals of Georgia · 1935

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API