City of Birmingham v. Chestnutt
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Mrs. M. E. Cbestnntt against, the city of Birmingham for damages for negligence in the construction, maintenance and repair of a sanitary sewer resulting in injury to the plaintiff. Judgment for plaintiff and defendant appeals. Counsel discuss the pleading and cites authority in support of his contention, but it is not deemed necessary to.here set it out.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Mrs. M. E. Cbestnntt against, the city of Birmingham for damages for negligence in the construction, maintenance and repair of a sanitary sewer resulting in injury to the plaintiff. Judgment for plaintiff and defendant appeals. Counsel discuss the pleading and cites authority in support of his contention, but it is not deemed necessary to.here set it out. The court takes judicial knowledge of charters of cities.- — Lord v. Mobile, 113 Ala. 360. The city charter of Birmingham requires presentation to and…
1Opinion of the Court
McCLELLAN, J.-
Action for damages for negligence in the construction, maintenance, or repair of a sanitary-sewer, in consequence of which injury resulted to plaintiff. The plaintiff is named, in the pleadings, “Mrs. E. M. Chestnutt.” The several counts contained, in substance, this averment: “Plaintiff avers that she did, on, to wit, 24th day of April, 1906, present her claim for one thousand dollars damages to the mayor and aldermen of Birmingham, and said authorities disallowed said claim.” Section 71 of the charter of the city of Birmingham, then in force (Loc. Acts 1898-99, pp. 1391,…
2Cases cited3 opinions
- Barrett v. City of MobileSupreme Court of Alabama · 1900
- Perryman v. City of GreenvilleSupreme Court of Alabama · 1874
- Crenshaw County v. SikesSupreme Court of Alabama · 1896
3Cited by9 opinions
- Dohring v. Kansas City.Missouri Court of Appeals · 1934
- McDougall v. City of BirminghamSupreme Court of Alabama · 1929
- Mobile County v. MaddoxSupreme Court of Alabama · 1915
- Town of Clanton v. Chilton CountySupreme Court of Alabama · 1920
- Franklin County v. RichardsonSupreme Court of Alabama · 1918
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