Mayor of Birmingham v. Birmingham Water Works Co.
Supreme Court of Alabama
Bill to Enjoin the Water Works Company From Charging and Collecting More Than the Schedule Rate for Water: Appeal from Jefferson Chancery Court. Heard before I-Ion. A. H. Benners.
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Bill to Enjoin the Water Works Company From Charging and Collecting More Than the Schedule Rate for Water: Appeal from Jefferson Chancery Court. Heard before I-Ion. A. H. Benners. Bill by the mayor and aldermen of the city of Birmingham against the Birmingham Waterworks Company for breach of the defendant’s contract to supply water for dwellings at specified prices, in that defendant had installed meters and charged for meter service to dwellings of consumers who kept boarders, and that such meter rates were in excess of the schedule rate for dwellings, closets, and bath tubs prescribed by…
1Opinion of the CourtMcCLELLAN, J.
The amended plea Avas questioned for sufficiency, Avas sustained, and this appeal results. The sole question, controlling the conclusion of sufficiency or insufficiency of the amended plea, is: Is a public hoarding house not a dwelling, within the meaning of *308the existing contract between appellant and appellee? This contract, relative to charges to be exacted, divides the patrons of the appellee into three classes, viz.: The user of hydrants for fire protection, etc. — the city; those consuming water for domestic purposes; and all those consumers without the two classes created. Practically…
2Cases cited3 opinions
- New York Fire Department v. . BuhlerNew York Court of Appeals · 1866
- Foster v. StateSupreme Court of Alabama · 1887
- Birmingham Water Works Co. v. TrussSupreme Court of Alabama · 1902
3Cited by3 opinions
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Lietz v. PfuehlerSupreme Court of Alabama · 1968
- Whitfield v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939