# Birmingham Ry., Light & Power Co. v. Kyser

> Supreme Court of Alabama · January 16, 1919 · 203 Ala. 121

URL: https://www.frixlaw.com/law-library/cases/3239394

## Case

- **Full name:** Birmingham Ry., Light & Power Co. v. Kyser
- **Court:** Supreme Court of Alabama
- **Decided:** January 16, 1919
- **Citations:** 203 Ala. 121; 82 So. 151; 1919 Ala. LEXIS 156
- **Precedential status:** Published
- **Opinion:** Addendum by Anderson
- **Judges:** Anderson, Mayfield, Somerville, Thomas, Maxeield, Maxfield
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3239394

## Opinion text

On Application of Appellant for Rehearing.
ANDERSON, C. J.
We are still of the opinion that the ordinance is not void. It is true that the first or preamble part of the said ordinance provides for “standard fire escapes, or fire escapes equally as good”; but, when taken in its entirety, we do not think that it gives the fire commissioners an arbitrary discretion in the requirement of fire escapes. We think that the ordinance requires standard fire escapes to be placed on all buildings thereby included, except those which are fireproof or which had at the time standard fire escapes or escapes equally as good. In other words, it was the purpose of the ordinance to require standard fire escapes upon all buildings not fireproof or having good and sufficient fire escapes, and that the fire commissioners were merely charged with the duty of ascertaining the excepted class and requiring standard fire escapes on those buildings not excepted by the ordinance.
[12]
Charge 9, requested by the defendant, was refused without error. It is argumentative and singles out a part of the evidence.
The application for rehearing is overruled.
MAXFIELD, SOMERVILLE, and THOMAS, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3239394. Public record. Not legal advice.