Birmingham Ry., Light & Power Co. v. Littleton
Supreme Court of Alabama
Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Action by A. J. Littleton against the Birmingham Kailway, Light & Power Company Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Act April 18, 1911 (Acts 1911, p. 449) § 6. On application for rehearing.
1Opinion of the CourtThomas, J.
In the instant case the trial was had on count I, in which it was averred that defendant contracted with plaintiff to furnish electric current to the latter’s residence, No. 1431 Dartmouth avenue, in the city of Bessemer. The count was not subject to the demurrer directed thereto. It was averred by way of implication, as a consideration, that the defendant, for a" reward, was furnishing to the public electricity for the purposes of lighting and heating, and that under contract it engaged to furnish plaintiff at his residence such current for lighting.
The action being for a breach of the…
2Cases cited12 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Wilkinson v. MoseleySupreme Court of Alabama · 1850
- Tucker v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1915
- White v. StateSupreme Court of Alabama · 1901
- Birmingham Water Works Co. v. FergusonSupreme Court of Alabama · 1909
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3Cited by46 opinions
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- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- Whiteman v. TaberSupreme Court of Alabama · 1919
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