City of Bessemer v. Whaley
Supreme Court of Alabama
Certiorari to Court of Appeals. S. B. Whaley sued the city of Bessemer for damages for injuries sustained on account of certain extraneous substances on the sidewalk. There was judgment in the lower court for plaintiff, and on appeal, the Court of Appeals reversed and rendered such judgment. (8 Ala. App. 523, 62 South. 473.) Plaintiff brings certiorari to review and revise the judgment of the Court of Appeals. Certiorari awarded.
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Certiorari to Court of Appeals. S. B. Whaley sued the city of Bessemer for damages for injuries sustained on account of certain extraneous substances on the sidewalk. There was judgment in the lower court for plaintiff, and on appeal, the Court of Appeals reversed and rendered such judgment. (8 Ala. App. 523, 62 South. 473.) Plaintiff brings certiorari to review and revise the judgment of the Court of Appeals. Certiorari awarded. The Municipal Code law is as it was originally enacted, and not as it is incorporated in the Code, changed by the Code Commissioner.—Oity of B’ham v. So. Eos. Co.,…
1Opinion of the CourtSayre, J.
Petition for certiorari to review the judgment of the Court of Appeals. The question at issue is raised by demurrer to the complaint, and may be found stated in 8 Ala. App. 523, 62 South. 473, et seq.
There can be no doubt, upon a just construction of the Municipal Code law (chapter 32 of the Code of 1907), that the exclusive power and authority to control streets, including sidewalks, and keep them in repair, has been conferred upon the municipal corporations of this state. From this power and authority a corresponding and coextensive duty must be inferred, and as well civil liability for the…
2Cases cited7 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Albrittin v. Mayor of HuntsvilleSupreme Court of Alabama · 1877
- Campbell's Adm'x v. City Council of MontgomerySupreme Court of Alabama · 1875
- Davis v. City CouncilSupreme Court of Alabama · 1874
- Town of Cullman v. McMinnSupreme Court of Alabama · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Jackson v. City of FlorenceSupreme Court of Alabama · 1975
- City of Birmingham v. CarleSupreme Court of Alabama · 1915
- City of Bessemer v. BarnettSupreme Court of Alabama · 1924
- Grambs v. City of BirminghamSupreme Court of Alabama · 1919
- Hillman v. City of AnnistonSupreme Court of Alabama · 1926
38 more not listed; retrieve them via the Exa API.