Crosby v. City Council
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before Hon. T. M. ArringtoN. All tbe material facts of tbis case are set odt in the opinion.
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Appeal from tbe City Court of Montgomery. Tried before Hon. T. M. ArringtoN. All tbe material facts of tbis case are set odt in the opinion. Tbe court charged the jury orally, after which tbe plaintiff aslced tbe court in writing to give tbe following charge to tbe jury, to-wit: “The court charges tbe jury that the words “meter to go in” stamped in bills rendered to Finley would not make it obligatory on Finley to pay for putting in the meter, or to pay for the rent thereof, and cannot, because-he did not: reply to this.notice, be considered an election on his part to take water at the meter…
1Opinion of the CourtColeman, J.
The appellant, Crosby, was prose- • cuted and fined for demanding a higher price for water, than the rates fixed by the city council of Montgomery, and in violation of a city ordinance, which imposed a penalty for such a charge.
On the 7th of October 1885, the city council entered into an agreement for the supply of water for the city and its citizens. Section 15 of the agreement reads as follows: “Be it further ordained, That the domestic rates for water furnished under this contract to citizens of Montgomery, shall never exceed the average rates paid in other cities of similar size; the…
2Cases cited5 opinions
- Spring Valley Water Works v. City & County of San FranciscoCalifornia Supreme Court · 1890
- City of St. Louis v. Bell Telephone Co.Supreme Court of Missouri · 1888
- Smith v. Birmingham Water Works Co.Supreme Court of Alabama · 1893
- Stein v. StateSupreme Court of Alabama · 1861
- Blann v. StateSupreme Court of Alabama · 1864
3Cited by11 opinions
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- City of Uvalde v. Uvalde Electric & Ice Co.Texas Commission of Appeals · 1923
- City of Bessemer v. Bessemer City Water WorksSupreme Court of Alabama · 1907
- Knoxville v. Knoxville Water Co.Tennessee Supreme Court · 1901
- Birmingham Water Works Co. v. BrownSupreme Court of Alabama · 1914
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