Arndt v. City of Cullman
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Tried before Hon. H. C. Speake. Action by Frank Arndt against the city of Cullman, a municipal corporation, for damages to- plaintiff’s lot by reason of water flowing upon it from a city sewer which was alleged to have been negligently constructed Or allowed to choke up.
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Appeal from Cullman Circuit Court. Tried before Hon. H. C. Speake. Action by Frank Arndt against the city of Cullman, a municipal corporation, for damages to- plaintiff’s lot by reason of water flowing upon it from a city sewer which was alleged to have been negligently constructed Or allowed to choke up. Each count showed the injury in substantially the same language; but the negligence alleged in the various counts is as follows: Count 1 is “for the failure of the defendant to' exercise reasonable care, skill and diligence in keeping a drain or sewer across First avenue west, along or near…
1Opinion of the CourtHaralson, J.
— Tbe complaint consisting of two counts originally, was subjected to demurrer on numerous grounds which were sustained. Thereupon plaintiff amended by adding six other counts, to which defendant demurred on 36 grounds, all of which Avere sustained. The plaintiff allowed to amend, added eight other counts, to which defendant’s counsel interposed 73 grounds of demurrer, which were sustained as to all the counts, except the 15th and 16th. To these two counts defendant filed seven special pleas, besides the plea of the general issue. Demurrers were interposed by plaintiff to all the special…
2Cases cited11 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- Smoot v. Mayor of WetumpkaSupreme Court of Alabama · 1854
- City of Eufaula v. SimmonsSupreme Court of Alabama · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- City of Birmingham v. NorwoodSupreme Court of Alabama · 1930
- Southern Railway Co. v. HobbsSupreme Court of Alabama · 1907
- City of Fairhope v. RaddcliffeCourt of Civil Appeals of Alabama · 1972
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
- Town of Narrows v. Board of SupervisorsSupreme Court of Virginia · 1920
39 more not listed; retrieve them via the Exa API.