Legal Opinion

Fleming v. City of Memphis

Tennessee Supreme Court

Decided April 15, 1912PublishedCited by 25 opinions

FROM SHELBY. Appeal from the Circuit Court of Shelby County (3d Division) to the Court of Civil Appeals, and by certiorari from the Court of Civil Appeals to the Supreme Court. — A. B. Pittman, Judge.

1Opinion of the CourtJustice Lajnsden

delivered tlie opinion of the Court.

Plaintiff sued the city of Memphis for damages for injuries which she received as the result of the alleged negligence of the defendant in - maintaining certain streets, so as to suffer a dangerous hole, ditch, or washout to be and remain thereon. The city demurred to the declaration, assigning as cause thereof that the plaintiff was not entitled to recover in this case because the city of Memphis “by special dispensation from the legislature is not liable for the negligence of its agents, employees, and servants in the construction of bridges and highways,…

2Cases cited6 opinions

  1. Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
  2. Soon Hing v. CrowleySupreme Court of the United States · 1885
  3. Malone v. WilliamsTennessee Supreme Court · 1907
  4. Stratton v. MorrisTennessee Supreme Court · 1891
  5. State v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Southern Railway Co. v. City of MemphisTennessee Supreme Court · 1912
  2. State Highway Department v. Montgomery Mitchell's HeirsTennessee Supreme Court · 1919
  3. City of Nashville v. BrownCourt of Appeals of Tennessee · 1941
  4. Smiddy v. City of MemphisTennessee Supreme Court · 1918
  5. Hatfield v. GarnettSupreme Court of Oklahoma · 1915

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