Legal Opinion

Barbour County v. Horn

Supreme Court of Alabama

Decided June 15, 1872PublishedCited by 18 opinions

Appeal from the Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. The complaint in tbis case is as follows: William D. Horn, plaintiff, vs. Barbour County, defendant.

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Appeal from the Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. The complaint in tbis case is as follows: William D. Horn, plaintiff, vs. Barbour County, defendant. The plaintiff claims of the defendant twenty thousand dollars, as damages sustained by him in the loss of his health and in the permanent loss of the use of his limbs, and in the permanent impairment of his capacity to discharge his duties as husband and parent, and to provide for his family and dependents, resulting directly and immediately from his fall from a certain bridge across Lick creek, in Barbour county,…

1Opinion of the CourtPeters, J.

This was an action on the case for damages occasioned by a fall from an insecure bridge, built by contract with the commissioners court in 1852, before the Code of Alabama went into effect as the law of the State, There is but one count in the complaint, and this is founded wholly upon our statutes. There was a demurrer to the complaint which assailed both the sufficiency of the statement of facts set forth in the count, and the formality of $ie statement. The demurrer was overruled, and the parties went to trial on the plea of the general issue, with leave to give all proper special matter…

2Cases cited8 opinions

  1. WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
  2. Donnell v. JonesSupreme Court of Alabama · 1848
  3. Pearce v. Madison & Indianapolis RailroadSupreme Court of the United States · 1859
  4. William H. Tracy and John B. Balestier, in Error v. Samuel SwartwoutSupreme Court of the United States · 1836
  5. Bell v. CunninghamSupreme Court of the United States · 1830

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3Cited by18 opinions

  1. Moore v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1991
  2. South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
  3. Wilkinson v. SearcySupreme Court of Alabama · 1884
  4. Templeton v. Linn CountyOregon Supreme Court · 1892
  5. Jones & Adams Co. v. GeorgeIllinois Supreme Court · 1907

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