City Council v. Townsend
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the lion. Tiros. M. Arrington. This was an action brought by George W. Townsend against the city of Montgomery, suing for damages alleged to have been done his property on the corner of Goldthwaite and Ilerron streets in said city, by reason of cutting down the sidewalk contiguous thereto.
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Appeal from the City Court of Montgomery. Tried before the lion. Tiros. M. Arrington. This was an action brought by George W. Townsend against the city of Montgomery, suing for damages alleged to have been done his property on the corner of Goldthwaite and Ilerron streets in said city, by reason of cutting down the sidewalk contiguous thereto. The complaint avers that the defendant dug and cut away the sidewalk adjacent to his abutting lot, thereby leaving said lot twenty feet above the street below, cutting off all ingress and egress to and from said lot, thus destroying the value of…
1Opinion of the CourtClopton, J.
-The action is brought by appellee to recover damages for injury caused to his property by cutting-down, under the direction of the City Council of Montgomery, the adjacent sidewalk in front thereof. The street on which the lot of plaintiff is situated is within the corporate limits of the city, was dedicated to the public more than half a century ago, and has been continuously used and recognized as a public street. The level of the other part of the street is, and has been for many years, from fifteen to twenty feet lower than the surface of the sidewalk, on which persons entered from the…
2Cases cited3 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Reardon v. City of San FranciscoCalifornia Supreme Court · 1885
- Harmon v. City of OmahaNebraska Supreme Court · 1885
3Cited by32 opinions
- Brown v. City of SeattleWashington Supreme Court · 1892
- Finnell v. PittsSupreme Court of Alabama · 1930
- Buhl v. Fort Street Union Depot Co.Michigan Supreme Court · 1894
- City Council of Montgomery v. MaddoxSupreme Court of Alabama · 1889
- Branyon v. KirkSupreme Court of Alabama · 1939
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