City of Birmingham v. Prickett
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by J. F. Prickett against the City of Birmingham for damages for maintaining a nuisance. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. Most of the facts on which the opinion is rested sufficiently appear therefrom.
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Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by J. F. Prickett against the City of Birmingham for damages for maintaining a nuisance. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. Most of the facts on which the opinion is rested sufficiently appear therefrom. The following charges do not appear, but are referred to as having been refused: (3) I charge you, gentlemen of the jury, that the measure of damages in this ease is the difference in the value of the home of J. F. Prickett, the plaintiff, during…
1Opinion of the CourtMiller, J.
This is an action by J. F. Priekett against city of Birmingham for maintaining an alleged nuisance. There was judgment for plaintiff, and the defendant appeals.
Section 10 of an act approved August 20, 1915 (page'297, General Acts 1915) reads as follows:
“Except as herein otherwise provided, all claims against such cities (except bonds and interest coupons, and claims under written contracts for the payment of money signed by the city) shall be filed with the <ñty clerk or the city officer corresponding thereto, within one year from the accrual thereof to be by him presented to the governing…
2Cases cited6 opinions
- Barrett v. City of MobileSupreme Court of Alabama · 1900
- Grambs v. City of BirminghamSupreme Court of Alabama · 1919
- Jefferson Fertilizer Co. v. RichSupreme Court of Alabama · 1913
- Schroeder v. Colbert CountySupreme Court of Alabama · 1880
- Shinbone v. Randolph CountySupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Howell v. City of DothanSupreme Court of Alabama · 1937
- City of Birmingham v. WestonSupreme Court of Alabama · 1937
- City of Decatur v. ParhamSupreme Court of Alabama · 1959
- City of Birmingham v. MauzeySupreme Court of Alabama · 1926
- City of Bessemer v. ChambersSupreme Court of Alabama · 1942
13 more not listed; retrieve them via the Exa API.