Mayor of Birmingham v. Lewis
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This suit was brought by the appellee, Maggie Lewis, against the Mayor and Aldermen of Birmingham; and sought to recover damages for personal injuries, which she claims to have sustained by reason of the negligence of the defendant in respect to the repair of a certain street. The defendant pleaded the general issue, and contributory negligence.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This suit was brought by the appellee, Maggie Lewis, against the Mayor and Aldermen of Birmingham; and sought to recover damages for personal injuries, which she claims to have sustained by reason of the negligence of the defendant in respect to the repair of a certain street. The defendant pleaded the general issue, and contributory negligence. No jury having been demanded by either party, the case was tried, as is allowed by the statute, by the circuit judge, without the intervention of a jury; and upon hearing…
1Opinion of the CourtWalker, J.
In the year 1885 the authorities of the city of Birmingham constructed a storm water sewer extending from the eastern portion of the city at Twenty-seventh street down Second alley, which bisects the city blocks between Second and Third avenues,, to the east side of Eighteenth street, where the sewer turns in a southwesterly direction and crosses that street diagonally. The sewer was about three, feet across and from four to six feet deep, as variously stated by different witnesses. It was covered over to the surface level except that an opening into it was left on the east side of Eighteenth…
2Cases cited7 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Weed v. . Village of Ballston SpaNew York Court of Appeals · 1879
- Hines v. . the City of LockportNew York Court of Appeals · 1872
- Mayor of Birmingham v. KleinSupreme Court of Alabama · 1889
- Albrittin v. Mayor of HuntsvilleSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Jackson v. City of FlorenceSupreme Court of Alabama · 1975
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
- Lord v. City of MobileSupreme Court of Alabama · 1896
12 more not listed; retrieve them via the Exa API.