Legal Opinion

Birmingham Water Works Co. v. Watley

Supreme Court of Alabama

Decided April 15, 1915PublishedCited by 14 opinions

Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by TV. TV. Watley against the Birmingham Waterworks Company. Judgment for plaintiff, and defendant appeals.

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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by TV. TV. Watley against the Birmingham Waterworks Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 450. The evidence disclosed for plaintiff that his water was cut off about noon on May 12, 1913, and remained cut off until 1 o’clock on May 13, 1913; that he paid his water rent, and had a receipt therefor up to and through July 1, 1913; that he phoned the water company, and they paid no attention to him, and went around the next morning to see…

1Opinion of the CourtGardner, J.

Suit by appellee against appellant to recover damages resulting from a breach of duty to supply the plaintiff with water at his place of residence for a period or quarter under contract therefor, which was paid in advance, in that on May 12, 1913, the defendant, through its agents or servant, acting Avithin the line or scope of his employment, Avrongfully cut off the Avater supply at plaintiff’s residence, and he Avas deprived thereof for a period of 24 hours. It is avenged that the plaintiff Avas thereby put to great inconvenience, that Avater had to be brought from a neighbor’s, that the…

2Cases cited4 opinions

  1. Cross v. StateSupreme Court of Alabama · 1881
  2. Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
  3. Birmingham Water Works Co. v. FergusonSupreme Court of Alabama · 1909
  4. Central of Georgia Railway Co. v. SandersAlabama Court of Appeals · 1913

3Cited by14 opinions

  1. Yarbrough v. MallorySupreme Court of Alabama · 1932
  2. Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917
  3. Nashville, C. & St. L. Ry. v. YarbroughSupreme Court of Alabama · 1915
  4. Veitch v. Southern Ry. Co.Supreme Court of Alabama · 1930
  5. City of Birmingham v. GreerSupreme Court of Alabama · 1930

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