State ex rel. Ferguson v. Birmingham W. Works Co.
Supreme Court of Alabama
Appear from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Mandamus by tbe state on tbe relation of C. W. Ferguson to compel tbe Birmingham Water Works Company to cease discrimination in its charges. Judgment for respondent and relator appeals. Tbe private contracts for tbe supply of water to consumers set out in Section 3 of tbe petition are valid, and indeed specifically enforceable. — Acts 1884-5, p. 415, Sec. 8; Am. Water Works Co. v. State ex rel.
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Appear from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Mandamus by tbe state on tbe relation of C. W. Ferguson to compel tbe Birmingham Water Works Company to cease discrimination in its charges. Judgment for respondent and relator appeals. Tbe private contracts for tbe supply of water to consumers set out in Section 3 of tbe petition are valid, and indeed specifically enforceable. — Acts 1884-5, p. 415, Sec. 8; Am. Water Works Co. v. State ex rel. Walker, 80 L. R. A. 447; State ex rel. Milsted v. Butte City, 82 L. R. A. 697; State ex rel. Q Wynne v. Citizens Telephone Co., 55 L.…
1Opinion of the CourtSayre, J.
The Birmingham Waterworks Company, a corporation chartered by special act of the Legislature of date February 13, 1885 (Loc. Acts 1884-85, p. 415), is furnishing water for the use of the city of Birmingham and its inhabitants and for manufacturing purposes under an ordinance-contract of May 31, 1888, which provides that the rates therein fixed shall never be exceeded. The company has entered into contracts with some consumers similarly situated with the relator, by which it has undertaken to furnish to them water at a rate less than the maximum charges allowed by the ordinance. Relator does…
2Cases cited6 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Griffin v. Goldsboro Water Co.Supreme Court of North Carolina · 1898
- American Water-Works Co. v. State ex rel. WalkerNebraska Supreme Court · 1895
- Haugen v. Albina Light & Water Co.Oregon Supreme Court · 1891
- Smith v. Birmingham Water Works Co.Supreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- City of Texarkana v. WigginsTexas Supreme Court · 1952
- City of Montgomery v. GreeneSupreme Court of Alabama · 1913
- Birmingham Bar Ass'n v. Phillips & MarshSupreme Court of Alabama · 1940
- Birmingham Water Works Co. v. KeileyAlabama Court of Appeals · 1911
- State ex rel. Weatherly v. Birmingham Water Works Co.Supreme Court of Alabama · 1913
10 more not listed; retrieve them via the Exa API.