Opinion

Harris v. Board of Water and Sewer Com'rs of City of Mobile

  • 294 Ala. 606
  • 320 So. 2d 624
  • 1975 Ala. LEXIS 1256
Court
Supreme Court of Alabama
Filed
Oct 2, 1975
Status
Published
Author
Merrill
On the bench
Jones, Faulkner, Almon, Shores, Embry, Worth, Heflin, Merrill, Maddox, Bloodworth, Al-Mon
Cited by
43 cases
Authority
More cited than 8.4%

finding that facts "fall squarely within" third-party beneficiary rule where Water Board was contractually obligated to municipality to maintain adequate water supply for proper functioning of fire hydrants

How later courts described this case

  • finding that facts "fall squarely within" third-party beneficiary rule where Water Board was contractually obligated to municipality to maintain adequate water supply for proper functioning of fire hydrants
  • recognizing that, in order to establish a negligent-maintenance claim in Alabama, the plaintiff must prove the existence of a duty owed by the defendant
  • though promisee enjoys some degree of direct benefit from the contract, most direct benefit inures to third-party beneficiaries
  • "[Wjhere one party to a contract assumes a duty to another party tp that contract, and it is foreseeable that injury to a third party — not a party to the contract — may occur upon a breach of that duty, the promissor owes that duly to all those within the- foreseeable area of risk.”

Written by the judges who cited it.

The opinion

*614 MERRILL, Justice

(dissenting).

My reasons for dissenting are the same as those appearing in my dissent in Jackson v. City of Florence, 294 Ala. 592 , 320 So.2d 68 .

MADDOX, J., concurs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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