City of Anniston v. Ivey
Supreme Court of Alabama
Appeal from Calhoun Circuit -Court. Heard before Hon. John Pelham. Action by W. It. Ivey, administrator, against the city of Anniston. From a judgment for plaintiff, defendant appeals. W. It. Ivey, as administrator, sued the city of Anniston to recover damages for the death of his intestate. There were five counts in the complaint.
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Appeal from Calhoun Circuit -Court. Heard before Hon. John Pelham. Action by W. It. Ivey, administrator, against the city of Anniston. From a judgment for plaintiff, defendant appeals. W. It. Ivey, as administrator, sued the city of Anniston to recover damages for the death of his intestate. There were five counts in the complaint. The gravamen 'of the first count is that the depression or ditch in the street had been negligently left there for a sufficient length of time for the defendant to have known it. The second charges that it negligently allowed a dangerous depression to be and remain…
1Opinion of the CourtMcCLELLAN, J.
The appellee's intestate died, it is averred, as the result of an injury directly attributable to a defect in a public street in the city of Anniston. This defect arose from a sewer ditch across the street and the refilling thereof after the line was laid. The defendant's demurrers attack the complaint because of insufficiency of averment of negligence; and also of notice, actual or constructive, to the city of the defective condition of the street; and also on the ground that this action is not within the saving provisions of section 27 of the Code of 1896. We do not think the demurrers'…
2Cases cited2 opinions
- Lord v. City of MobileSupreme Court of Alabama · 1896
- Shannon v. Jefferson CountySupreme Court of Alabama · 1899
3Cited by20 opinions
- Jackson v. City of FlorenceSupreme Court of Alabama · 1975
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
- Walker County v. DavisSupreme Court of Alabama · 1930
- City of Birmingham v. NorwoodSupreme Court of Alabama · 1930
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