Legal Opinion

Birmingham Ry., Light & Power Co. v. Littleton

Supreme Court of Alabama

Decided May 10, 1917No. 6 Div. 534Published

Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Action by A. J. Littleton against the Birmingham Kailway, Light & Power Company Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Act April 18, 1911 (Acts 1911, p. 449) § 6. On application for rehearing.

1Opinion

On Rehearing.

THOMAS, J.

The trial was had on count 1, in which it was alleged in substance that “the defendant was a public service corporation' and as such was engaged in f urnishing for a reward electricity for lighting and heating purposes to the public in the city of Bessemer, a municipal corporation,” and that defendant “was then and there operating as such public service corporation under a franchise” from said city. It was further alleged that defendant “was then and there under a contract with the plaintiff to furnish to plaintiff electricity on plaintiff’s premises at his residence” ;…

2Cases cited72 opinions

  1. Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
  2. Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
  3. Lorillard v. . ClydeNew York Court of Appeals · 1881
  4. Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
  5. Coy v. Indianapolis Gas Co.Indiana Supreme Court · 1897

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