Birmingham Water Works Co. v. Windham
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. J. H. Miller. Bill by T. C. Windham against the Birmingham Water Works Company to restrain said company from cutting off water from complainant’s house, and for a mandatory injunction to require the said company to accept a sum certain for water services for a certain period. From a decree granting the relief prayed for, respondents appeal.
1Opinion of the CourtMcCLELLAN, J.
The rights and obligations of the parties to this cause and the correctness of the decretal order granting an injunction pendente lite restraining appellant from cutting off or discontinuing’water service at the residence of the appellee depend upon the proper construction of the ordinance-contract entered into by the city council of Graymont and the appellant on the 25th day of October, 1908. In the decision of the Court of Appeals delivered in the cause styled Birmingham Water Works Co. v. Kelley, 2 Ala. App. 629, 56 South. 838, will be found set out the schedule of flat rates and the…
2Cases cited5 opinions
- Boykin v. Bank of MobileSupreme Court of Alabama · 1882
- Comer v. BankheadSupreme Court of Alabama · 1881
- Birmingham Water Works Co. v. KeileyAlabama Court of Appeals · 1911
- Smith v. Birmingham Water Works Co.Supreme Court of Alabama · 1893
- Crass v. Scruggs & Co.Supreme Court of Alabama · 1896
3Cited by18 opinions
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- Woods v. Postal Telegraph-Cable Co.Supreme Court of Alabama · 1920
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1920
- Russell v. GarrettSupreme Court of Alabama · 1922
- Metropolitan Life Ins. Co. v. KorneghyAlabama Court of Appeals · 1954
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