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

> Supreme Court of Alabama · October 2, 1975 · 294 Ala. 606

URL: https://www.frixlaw.com/law-library/cases/9688497

## Case

- **Full name:** Cliff B. HARRIS v. the BOARD OF WATER AND SEWER COMMISSIONERS OF the CITY OF MOBILE, a Public Corporation
- **Court:** Supreme Court of Alabama
- **Decided:** October 2, 1975
- **Citations:** 294 Ala. 606; 320 So. 2d 624; 1975 Ala. LEXIS 1256
- **Precedential status:** Published
- **Opinion:** Dissent by Merrill
- **Judges:** Jones, Faulkner, Almon, Shores, Embry, Worth, Heflin, Merrill, Maddox, Bloodworth, Al-Mon
- **Cited by:** 43 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/9688497

## How later opinions describe it (automated extraction)

- 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

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9688497. Public record. Not legal advice.