City of Mobile v. Harker
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. - Action by Laura O. G. I-Iarker against the City of Mobile for damages for injuries sustained from a fall on tbe sidewalk. Judgment for plaintiff, and defendant appeals. Tbe entire control of Catherine street was vested in the county of Mobile.
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Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. - Action by Laura O. G. I-Iarker against the City of Mobile for damages for injuries sustained from a fall on tbe sidewalk. Judgment for plaintiff, and defendant appeals. Tbe entire control of Catherine street was vested in the county of Mobile. Local Acts 1907, page 728; 180 Ala. 489, 61 South. 368; 133 Ala. 587, 32 South. 610; 171 Ala. 492, 54 South. 756; 172 Ala. 138, 54 South. 757; 168 Ala. 175, 52 South. 842. The local act above mentioned was not repealed by tire Municipal Court Act. Section 1241, Code 1907; 61 South. 368.…
1Opinion of the CourtGardner, J.
Appellee sued appellant to recover damages for injuries sustained in a fall on the sidewalk of Catherine street, in the city of Mobile, as a result of a defect in the pavement, and from the judgment in her favor the city prosecutes this appeal.
The liability of the city is well established, and, indeed, not controverted, unless relieved therefrom by Doe. Acts 1907, p. 727, the title to which act is as follows:
“To provide for the more efficient working of the public roads in Mobile county, and certain streets and public thoroughfares in the city of Mobile; provide for the control, working,…
2Cases cited15 opinions
- State ex rel. City of Mobile v. Board of R. & R. Com.Supreme Court of Alabama · 1913
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- Board of Revenue of Jefferson Co. v. State ex rel. City of BirminghamSupreme Court of Alabama · 1910
- McCain v. StateSupreme Court of Alabama · 1878
- Dickinson v. City Council of WorcesterMassachusetts Supreme Judicial Court · 1885
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3Cited by5 opinions
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- Florence v. WilliamsSupreme Court of Alabama · 1983
- Vélez v. Gobierno de la CapitalSupreme Court of Puerto Rico · 1954
- City of Hartselle v. KilpatrickCourt of Civil Appeals of Alabama · 1974
- Vélez v. Government of the CapitalSupreme Court of Puerto Rico · 1954