Birmingham Waterworks Co. v. Truss

• Decision Date: 12 February 1903
• Citation: 135 Ala. 530,33 So. 657
• Parties: BIRMINGHAM WATERWORKS CO. v. TRUSS.
• Court: Alabama Supreme Court

33 So. 657

135 Ala. 530

BIRMINGHAM WATERWORKS CO. v. TRUSS.

Supreme Court of Alabama

February 12, 1903

Appeal from city court of Birmingham; Chas. A. Senn, Judge.

Action by the Birmingham Waterworks Company against Martha Truss. Judgment for defendant, and plaintiff appeals. Affirmed.

Loudon & Loudon, for appellant.

W. K Terry, for appellee.

SHARPE J.

This case was tried on an agreed statement of facts, wherefrom the following appears:

The rate which the plaintiff was entitled to charge the defendant for water is governed by the rates fixed by the contract between the plaintiff and the city of Birmingham That contract, by its twelfth section, provides, among other things, that:

"The domestic rates for water furnished under this contract to the citizens of Birmingham shall never exceed the following rates per annum:

Dwellings of three rooms or less ............... $8 00

Each additional room under ten .................. 1 00

Each additional room over ten ..................... 50

Water"closet for private family ................. 5 00

Additional closet for same family or servants ... 2 50

Bath tubs for private family .................... 4 00

"Measured water is to be charged for as follows: [Here follows the rate fixed according to the quantity of measured water used.]"

The premises supplied by the water plaintiff claims for is described in the agreement of facts as "a two-story frame dwelling, of ten rooms. The dwelling consists of a parlor, dining room, kitchen, five bedrooms, a servants' room, and a lumber room." It was agreed, also, that defendant, "with her family, lives in this dwelling, and takes boarders--both those who occupy rooms in the house, and a few others who room elsewhere, and only take their meals there. She usually has six or seven boarders who live in the house. For these boarders who live in the house the price of board includes the use of rooms and conveniences in the house, including closets and bathrooms." It was further agreed that, "if the defendant is liable to pay the contract rate on a private dwelling, she owes nothing. If she is liable to pay for water by meter rates, she owes the plaintiff $9.18."

In Smith v. Birmingham Waterworks Co., 104 Ala. 315, 16 So. 123, the contract above referred to was construed, and it was there said by this court: "The contract plainly means that the company should charge for all water furnished the inhabitants...