Ex Parte Brooks

4 Citing cases

  1. Pihakis v. Cottrell

    286 Ala. 579 (Ala. 1971)   Cited 35 times
    Holding that the defendant's tender of relief to the plaintiff did not defeat the plaintiff's claim for nominal damages and, therefore, that a general verdict obviously including punitive damages could be upheld

    "It is also well settled that exemplary damages may be awarded, either in trespass or case where the act is wanton, malicious, or attended with circumstances of aggravation. Sparks v. McCreary, 156 Ala. 382, 47 So. 332, 22 L.R.A.(N.S.) 1224; Birmingham Waterworks Co. v. Brooks, 16 Ala. App. 209, 76 So. 515; Ex parte Brooks(,) 200 Ala. 697, 76 So. 995; Rosser v. Bunn and Timberlake, supra [ 66 Ala. 89]." (Comma Added) Norton v. Bumpus, 221 Ala. 167, 169, 127 So. 907, 908.

  2. Sims v. Alabama Water Co.

    87 So. 688 (Ala. 1921)   Cited 35 times
    In Sims v. Alabama Water Co., 205 Ala. 378, 87 So. 688, 689, 28 A.L.R. 461, this court quoted the following with approval: "The slightest reflection will show that a water company could not do business if its only remedy for the waste of its water by its consumers consisted in actions at law against them severally."

    In Birmingham Waterworks Co. v. Brooks, 16 Ala. App. 209, 76 So. 515, it was decided that, if the water company, in supplying one of several consumers through a common service pipe, would be compelled to supply the others without compensation, it has a legal right to refuse to supply the one through such pipe, on the ground that he had not provided, as it was his duty to do, a separate service pipe through which he could be supplied without loss. This court denied a writ of certiorari seeking to review and revise the judgment of the Court of Appeals (Ex parte Brooks, 200 Ala. 697, 76 So. 995), and our judgment now is that the case was properly decided. Cox v. Cynthiana, 123 Ky. 363, 96 S.W. 456. As observed by Thompson, J., in McDaniel v. Springfield Waterworks Co., 48 Mo. App. 273:

  3. Eutaw Ice, Water Power Co. v. McGee

    76 So. 990 (Ala. Crim. App. 1917)   Cited 3 times

    Therefore, under authority of section 2881 of the Code, Williams. v. Harper, 95 Ala. 610, 10 So. 327, and Frierson v. Haley, 1 Ala. App. 576, 55 So. 429, and authorities there cited, the appeal in this cause must be dismissed. But on the merits, see Birmingham Waterworks Co. v. Carrie Brooks, ante, p. 209, 76 So. 515, and Ex parte Brooks, 200 Ala. 697, 76 So. 995. Appeal dismissed.

  4. Birmingham Waterworks Co. v. Brooks

    76 So. 515 (Ala. Crim. App. 1917)   Cited 20 times
    In Birmingham Waterworks Co. v. Brooks, 16 Ala. App. 209, 76 So. 515, it was decided that, if the water company, in supplying one of several consumers through a common service pipe, would be compelled to supply the others without compensation, it has a legal right to refuse to supply the one through such pipe, on the ground that he had not provided, as it was his duty to do, a separate service pipe through which he could be supplied without loss.

    Reversed and remanded. For opinion in Supreme Court, denying certiorari, see Ex parte Brooks, 200 Ala. 697, 76 So. 995. The complaint alleges a negligent and wrongful refusal of defendant to furnish plaintiff water at her residence, and consequent damage.