Davis v. Alexander City
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the lion. N. I). Denson. This was an action brought by the appellant, W. O. Davis, against the Common Council of Alexander City, to recover damages for personal injuries, alleged to have been sustained by the plaintiff, by reason of a defective condition of a street in the town of Alexander City.
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Appeal from the Circuit Court of Tallapoosa. Tried before the lion. N. I). Denson. This was an action brought by the appellant, W. O. Davis, against the Common Council of Alexander City, to recover damages for personal injuries, alleged to have been sustained by the plaintiff, by reason of a defective condition of a street in the town of Alexander City. It was averred in the complaint that while the defendant was driving in a buggy along one of the streets in Alexander City, in the night time, the buggy ran into a ditch or gulley that was left open along or across said street and threw the…
1Opinion of the CourtTyson, J.
Under the issues made by the pleading the burden of proof was on the plaintiff to not only prove the defect in the street as alleged- in his complaint, but also to establish that the defendant had either actual or constructive notice of it- a,t the time of the injury complained of.- — City Council v. Wright, 72 Ala. 411; Town of Cullman v. McMinn, 109 Ala. 614. The evidence, was in conflict as to Avhether there Avas any defect at all in the street where the plaintiff was injured. There is no evidence in the record that the defendant, had prior to the accident, any actual knoAvledge of the…
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