Goodman v. City of Birmingham

The suit is against a municipality to recover consequential damages resulting to an abutting property owner by reason of street improvements. Such cause of action is declared by section 235 of the Constitution of Alabama. Harris v. Town of Tarrant City, 221 Ala. 558, 130 So. 83; Birmingham v. 381, 129 So. 50.

Under plea in short by consent the city set up the proceedings for the assessment of the cost of such improvements against abutting property as res adjudicata of the issue here presented. These proceedings, conducted as per statute, resulted in an assessment of this lot, the residence lot…