Legal Opinion

Cole v. City of Birmingham

Supreme Court of Alabama

Decided December 22, 1942No. 6 Div. 89PublishedCited by 6 opinions

1Opinion of the Court

LAWSON, Justice.

Appellant brought suit against appellee for recovery of damages for personal injuries alleged to have been occasioned by a defective street.

The court below sustained defendant’s demurrer' to plaintiff’s amended complaint, and the plaintiff, on account of this adverse ruling of the court, suffered a non-suit, with an appeal on the record, as is provided by Section 819, Title 7, Code of 1940. Brasher v. First National Bank of Birmingham, 232 Ala. 340, 168 So. 42; Herrmann v. Mobile County, 202 Ala. 274, 80 So. 112.

The original complaint alleged that the plaintiff was injured on…

2Cases cited8 opinions

  1. Brasher v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
  2. McKinnon v. City of BirminghamSupreme Court of Alabama · 1916
  3. Herrmann v. Mobile CountySupreme Court of Alabama · 1918
  4. Benton v. City of MontgomerySupreme Court of Alabama · 1917
  5. Canter v. City of St. JosephMissouri Court of Appeals · 1907

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3Cited by6 opinions

  1. Jacks v. City of BirminghamSupreme Court of Alabama · 1958
  2. City of Anniston v. RosserSupreme Court of Alabama · 1963
  3. Peddycoart v. City of BirminghamSupreme Court of Alabama · 1980
  4. Ray v. City of BirminghamSupreme Court of Alabama · 1963
  5. Tolbert v. City of BirminghamSupreme Court of Alabama · 1955

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