Birmingham Railway, Light & Power Co. v. Pratt
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. J. H. Miller. Action by R. C. Pratt and another against the Birmingham Railway, Light & Power Company for failure to furnish gas. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. J. H. Miller. Action by R. C. Pratt and another against the Birmingham Railway, Light & Power Company for failure to furnish gas. Judgment for plaintiff, and defendant appeals. Amended count 1 is as follows: “Plaintiff claims of defendant corporation the sum of $5,000 as damages for that heretofore, to wit, on November 13, 1911, plaintiffs were engaged in the business of operating a pool room or pool table at 1812 First avenue, Birmingham, Alabama; that defendant corporation was at that time a public service corporation engaged in the…
1Opinion of the CourtWalker, P. J.
The argument of the counsel for the appellant in support of their contention that the demurrers to the several counts of the complaint as it was amended should have been sustained is based upon the claim that each of the counts failed to aver or show that the plaintiffs performed their part of the contract alleged, or stood ready and willing to do so, or that they offered or were willing and ready to pay for the • service of which they complained that they were deprived. The original first count did not remain subject to this criticism, as by the addition to it which was made by an amendment…
2Cases cited4 opinions
- Baker v. BakerSupreme Court of Louisiana · 1910
- Barney Coal Co. v. DavisAlabama Court of Appeals · 1911
- Mcneill v. Atlantic Coast Line Ry. Co.Supreme Court of Alabama · 1909
- Huson Ice & Machine Works v. BlandSupreme Court of Alabama · 1910
3Cited by2 opinions
- Mobile Electric Co. v. NelsonSupreme Court of Alabama · 1923
- Pratt v. Birmingham Ry. L. & P. Co.Supreme Court of Alabama · 1915