Smoot v. Mayor of Wetumpka
Supreme Court of Alabama
ERROR to tbe Circuit Court of Coosa. Tried before the Hod. John D. Phelan. Action on the case by Benjamin A. Smoot against the Mayor and Aldermen of the City of Wetumpka, a municipal corporation, to recover damages for injuries sustained by plaintiff from the breaking down of a certain bridge in one of the streets of the city, while he was crossing it with his wagon and team; which bridge, the declaration avers, it was the duty of said defendants to keep in repair, but they…
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ERROR to tbe Circuit Court of Coosa. Tried before the Hod. John D. Phelan. Action on the case by Benjamin A. Smoot against the Mayor and Aldermen of the City of Wetumpka, a municipal corporation, to recover damages for injuries sustained by plaintiff from the breaking down of a certain bridge in one of the streets of the city, while he was crossing it with his wagon and team; which bridge, the declaration avers, it was the duty of said defendants to keep in repair, but they wholly failed and neglected to perform that duty, and, with actual notice of its rotten and unsafe condition,…
1Opinion of the CourtChilton, C. J.
Before proceeding to discuss the main proposition involved in this ease, it is proper to note the objections taken to the structure of the counts.
The first count, after setting out the corporate character of the defendant, and averring that, under the act of incorporation, said defendant was bound to keep, and of right ought to have kept, the streets and highways of said city of Wetumpka in good repair, and that the revenue of said city was ample and sufficient for that purpose, which revenue the said corporation was empowered by law to use for that purpose, proceeds to state, “ that the…
2Cases cited1 opinion
- Breckbill v. Turnpike CompanySupreme Court of the United States · 1799
3Cited by43 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Jackson v. City of FlorenceSupreme Court of Alabama · 1975
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862
- Town of Waltham v. KemperIllinois Supreme Court · 1870
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