"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.
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:
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.
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.