Birmingham Water Works Co. v. Keiley
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard, before Hon. C. W. Ferguson. Action by W. R. Keiley against the Birmingham Water Works Company for damages for shutting oft water. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard, before Hon. C. W. Ferguson. Action by W. R. Keiley against the Birmingham Water Works Company for damages for shutting oft water. Judgment for plaintiff and defendant appeals. The contention of plaintiff as to the meaning of the contract cannot be sustained for the right of a water company to cut off water because of the consumer’s failure to pay is everywhere recognized. — B. W. W. Go. v. Ferguson, 164 Ala. 494; B. W. W. Go. v. Vinter, 164 Ala. 490; 45 Barb. 136; 48 Mo. App. 273; 24 Pac. 439; 29 Pac. 320. Tlie plaintiff was not, under the evidence,…
1Opinion of the Court
de GRAFFENRIED, J.
The appellant, a public service corporation with its principal office in the city of Birmingham, Ala., made with the municipality of Graymont, then a suburb of Birmingham, a contract to supply its residents with water, the parts of which relevant to this controversy were as follows:
Flat Rates.
Private dwellings of three (3) rooms or less----------------------------$6.00 per annum
For each additional room in private dwelling up to and including ten (10) rooms____________________1.00 “ “
For each additional room in private dwelling over ten (10) rooms_____ .50 “ “
*632Water closet for…
2Cases cited13 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- Wood v. City of AuburnSupreme Judicial Court of Maine · 1895
- Cumberland Telegraph & Telephone Co. v. HobartMississippi Supreme Court · 1906
- Oliver v. Columbia, Newberry & Laurens R. R.Supreme Court of South Carolina · 1902
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3Cited by25 opinions
- Winn-Dixie Montgomery, Inc. v. HendersonSupreme Court of Alabama · 1979
- Ex Parte ClareSupreme Court of Alabama · 1984
- Southwestern Gas & Electric Co. v. StanleyTexas Supreme Court · 1934
- Sims v. Alabama Water Co.Supreme Court of Alabama · 1920
- Schultz v. Town of LakeportCalifornia Supreme Court · 1936
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