City of Birmingham v. Gordon
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Sbnn. Action by Carrie F. Gordon against the Mayor and Aldermen of Birmingham. Judgment for plaintiff, and defendant appeals. Affirmed.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Sbnn. Action by Carrie F. Gordon against the Mayor and Aldermen of Birmingham. Judgment for plaintiff, and defendant appeals. Affirmed. The complaint was as follows: “Plaintiff claims of the defendant $10,000 as damages, for that heretofore, to wit, on the 22d day of December, 1904, while plaintiff was passing along one of the public highways in the city of Birmingham, in Jefferson county, Alabama, to wit, on the sidewalk on Twenty-Second street, between Fifth and Sixth avenues, in said city, plaintiff was thrown or caused to…
1Opinion of the CourtMayfield, J.
The plaintiff, a woman, sued the city of Birmingham to recover damages for personal injuries alleged to he the result of her falling upon one of the defendant’s sidewalks, which was alleged to be defective. The plaintiff alleges that the defect in the sidewalk was the result of the defendant’s negligence; that such defect caused her to fall or he thrown upon the sidewalk, and thus proximately caused her injuries. The trial resulted in verdict and judgment for plaintiff, from which judgment the city appeals.
The complaint stated a cause of action and was not subject to any of the grounds of…
2Cases cited4 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- Albrittin v. Mayor of HuntsvilleSupreme Court of Alabama · 1877
- City of Selma v. PerkinsSupreme Court of Alabama · 1880
3Cited by21 opinions
- Baptist Medical Center v. ByarsSupreme Court of Alabama · 1972
- F. W. Woolworth Company v. BradburySupreme Court of Alabama · 1962
- Walker County v. DavisSupreme Court of Alabama · 1930
- Foster & Creighton Co. v. St. Paul Mercury Indemnity Co.Supreme Court of Alabama · 1956
- City of Birmingham v. EdwardsSupreme Court of Alabama · 1918
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