City of Bessemer v. Whaley
Alabama Court of Appeals
Appeal. from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Mrs. S. B. Whaley against the city of Bessemer for damages for injury from an alleged defect in the streets of said city. Judgment for plaintiff and defendant appeals. There could be no recovery against the apepllant for a failure to enact an ordinance, or to carry out its governmental duties. —Dillon Munic.
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Appeal. from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Mrs. S. B. Whaley against the city of Bessemer for damages for injury from an alleged defect in the streets of said city. Judgment for plaintiff and defendant appeals. There could be no recovery against the apepllant for a failure to enact an ordinance, or to carry out its governmental duties. —Dillon Munic. Corp. sec. 1627-8; 28 Cyc. 1257. A recovery was not authorized under section 1273, Code 1907. There was-no defect in the street, and therefore, none in the way itself. — K. O. M. & B. v. Burton, 97 Ala. 240.…
1Opinion of the CourtThomas, J.
— The general rule, established by judicial decision, for measuring the liability and immunity of municipal corporations to and from civil actions for torts is thus clearly and succinctly stated in 28 Cyc. p. 1257, Avliere the authorities are collated, to wit:
“A municipal corporation has a dual character, the one public and the other private, and exercises correspondingly twofold functions and duties. The one class of its powers is of a public and general character, to be exercised in virtue of certain attributes of sovereignty delegated to it, as a governmental agency, for the Avelfare and…
2Cases cited19 opinions
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Smoot v. Mayor of WetumpkaSupreme Court of Alabama · 1854
- Dargan v. Mayor of MobileSupreme Court of Alabama · 1858
- Albrittin v. Mayor of HuntsvilleSupreme Court of Alabama · 1877
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3Cited by7 opinions
- Jackson v. City of FlorenceSupreme Court of Alabama · 1975
- City of Bessemer v. WhaleySupreme Court of Alabama · 1914
- City of Decatur v. ParhamSupreme Court of Alabama · 1959
- Ivey v. City of BirminghamSupreme Court of Alabama · 1914
- Johnson v. City of OpelikaSupreme Court of Alabama · 1954
2 more not listed; retrieve them via the Exa API.