Ivey v. City of Birmingham
Supreme Court of Alabama
Appeal from Birmingham City Court.- Heard before Hon. H. A. Sharpe. Action by John B. Ivey against the City of Birmingham- for damages suffered by reason of a ditch being left open and unguarded. Judgment for defendant, and plaintiff appeals.
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Appeal from Birmingham City Court.- Heard before Hon. H. A. Sharpe. Action by John B. Ivey against the City of Birmingham- for damages suffered by reason of a ditch being left open and unguarded. Judgment for defendant, and plaintiff appeals. Charge 1, refused to plaintiff, is as follows: A city, by bringing a highway within its corporate limits and leaving it open for public travel, becomes bound to use ordinary care to maintain it in a reasonably safe condition for such travel. The following is charge 20,' given for defendant: Even though you believe from the evidence that the city passed…
1Opinion of the CourtSayre, J.
Appellant sued the city of Birmingham for damages on account of physical injuries suffered by him when he fell into a ditch, alleging with appropriate detail that the municipal authorities of the defendant city had negligently allowed said ditch to be and remain in Thirty-Fourth street, whereby he was injured. Errors are assigned upon the rulings of the trial court in giving and refusing special charges requested in writing by the parties.
Very clearly it appears that the result of the trial was made to turn upon the inquiry whether Thirty-Fourth street at the point where plaintiff received…
2Cases cited8 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- City of Bessemer v. WhaleySupreme Court of Alabama · 1914
- McCain v. StateSupreme Court of Alabama · 1878
- City of Frankfort v. ColemanIndiana Court of Appeals · 1898
- Ruppenthal v. City of St. LouisSupreme Court of Missouri · 1905
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3Cited by15 opinions
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- City of Decatur v. GilliamSupreme Court of Alabama · 1931
- Oliver v. Water Works & Sanitary Sewer BoardSupreme Court of Alabama · 1954
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