Legal Opinion

City of Mobile v. Shaw

Supreme Court of Alabama

Decided February 14, 1907PublishedCited by 6 opinions

Appeal from Mobile City Court. Heard before,Hon. Samuel B. Browne. Action by Florence C. Sbaw against tbe city of Mobile. From a judgment for plaintiff, defendant appeals. This was an action begun by tbe appellee for damages resulting from falling into a bole on a sidewalk, or near tbe sidewalk, of tbe appellant.

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Appeal from Mobile City Court. Heard before,Hon. Samuel B. Browne. Action by Florence C. Sbaw against tbe city of Mobile. From a judgment for plaintiff, defendant appeals. This was an action begun by tbe appellee for damages resulting from falling into a bole on a sidewalk, or near tbe sidewalk, of tbe appellant. Tbe negligence alleged is tbe failure to have that part of tbe street sufficiently lighted, and for failure to repair tbe defect, which bad been known to exist for some time. Proof of presentation of claim duly verified by affidavit was made. The facts on which tbe action is based…

1Opinion of the Court

HARALSON, J. —

The city charter of Mobile imposes upon the municipality the duty of repairing and keeping in order the streets of the city and their proper lighting at night. — Acts 1900-01, p. 2342.

It Avas the duty, of the municipal corporation to keep the streets and sideAvalks in a reasonably safe condition for travel, and- for the use of its citizens and the public generally; and this duty extended to the entire Avidth of the streets and sidewalks appropriated to such use and purposes. — Mayor and Aldormen v. Tayloe, 105 Ala. 176, 16 South. 576; Lord v. City of Mobile, 113 Ala. 360, 21…

2Cases cited3 opinions

  1. City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
  2. Town of Gosport v. EvansIndiana Supreme Court · 1887
  3. Lord v. City of MobileSupreme Court of Alabama · 1896

3Cited by6 opinions

  1. Walker County v. DavisSupreme Court of Alabama · 1930
  2. City of Albany v. SpraginsSupreme Court of Alabama · 1922
  3. Whitman's Fifth Ave. Garage Co. v. RicksSupreme Court of Alabama · 1924
  4. Walker v. SmithSupreme Court of Alabama · 1917
  5. Morgan v. Mobile O. R. Co.Supreme Court of Alabama · 1919

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