Smith v. Baggett

The third plea was not subject to the plaintiff’s demurrer thereto. While it could have specifically charged that the rate of speed was in violation of the city ordinance, yet this court must take judicial notice of the ordinances of the city of Birmingham and the rate of speed there set up, was in violation of an ordinance of said city. Acts 1915, p. 297, § 7; Edwards v. Earnest, 206 Ala. 1, 89 So. 729, 22 A. L. R. 1387. Nor did the plea have to aver that the plaintiff negligently operated the car at the rate of speed set up as the rate set out was in violation of the ordinance and was…