Bradford v. Mayor of Anniston
Supreme Court of Alabama
Arrear from the City Court of Anniston. Tried before the Hon. B. F. Cassady. This was an action, brought by the appellant against the appellee, a municipal corporation, and sought to recover damages for an injury to his ox, which resulted in the death of the ox; and which injury was caused by the alleged negligence of the city in not keeping its street in proper repair. The case was submitted to the court for decision, without the intervention of a jury.
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Arrear from the City Court of Anniston. Tried before the Hon. B. F. Cassady. This was an action, brought by the appellant against the appellee, a municipal corporation, and sought to recover damages for an injury to his ox, which resulted in the death of the ox; and which injury was caused by the alleged negligence of the city in not keeping its street in proper repair. The case was submitted to the court for decision, without the intervention of a jury. All the other facts necessary for a full understanding of the decision of this court are set out in the opinion. The only exception to the…
1Opinion of the CourtColeman, J.
In the location and erection of bridges, regard should be had to the size and nature of the stream, the *351character and feature of the adjacent grounds, the relative position and formation of the abutting land, its liability to overflow, and their probable extent and duration.- — 86 Ala. 451. This is the rule.laid down as applicable to railroads, and the same rule is applicable to cities, so far as it requires of them in the construction of bridges across their streets to provide against such causalities as a cautious and prudent man should foresee and anticipate.
The evidence shows, the branch…
2Cases cited3 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Whitfield v. City of MeridianMississippi Supreme Court · 1889
3Cited by8 opinions
- Jackson v. City of FlorenceSupreme Court of Alabama · 1975
- Thomas v. CarterSupreme Court of Alabama · 1927
- Mayor of Birmingham v. TayloeSupreme Court of Alabama · 1894
- City of Albany v. BlackSupreme Court of Alabama · 1926
- Scanlan v. Kansas City, Mo.Missouri Court of Appeals · 1929
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