City of Montgomery v. Moon
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; W. L. Martin, Judge. Action by, O. B. Moon against the City of Montgomery and Walker D. Hines, as Director General of Railroads, for damages for injuries sustained by plaintiff’s minor child. Judgment in favor of the Director General and for plaintiff against the City of Montgomery, and it appeals.
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Appeal from Circuit Court, Montgomery County; W. L. Martin, Judge. Action by, O. B. Moon against the City of Montgomery and Walker D. Hines, as Director General of Railroads, for damages for injuries sustained by plaintiff’s minor child. Judgment in favor of the Director General and for plaintiff against the City of Montgomery, and it appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The complaint alleges that the minor child ■of the plaintiff fell down a steep embankment into a deep cut crossing or adjoining and in dangerous proximity to a public street or…
1Opinion of the CourtThomas, J.
Suit was, originally and as amended, against the city of Montgomery and Walker D. Hines, as Director General of Railroads, filed February 20 and September 23, 1920, respectively. Demurrers thereto were filed (by the city of Montgomery and by Walker D. Hines, as Director General) to the original complaint on March 23, 1920, and as amended September 23, 1920, and were sustained, to each count of the complaint, as to Walker D. Hines, as Director General, and were sustained to count 1 and overruled to counts 2 and 3 as to the city of Montgomery.
The judgment entry thereafter recites that:
“The…
2Cases cited5 opinions
- Moon v. HinesSupreme Court of Alabama · 1921
- Benton v. City of MontgomerySupreme Court of Alabama · 1917
- City of Birmingham v. MullerSupreme Court of Alabama · 1916
- Milner v. City of BirminghamSupreme Court of Alabama · 1918
- City of Bessemer v. WhaleySupreme Court of Alabama · 1914
3Cited by2 opinions
- City of Montgomery v. FergusonSupreme Court of Alabama · 1922
- City of Montgomery v. MoonSupreme Court of Alabama · 1922