City of Birmingham v. Carle
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Mrs. Amy Carle against the City of Birmingham and another, for damages from a fall on the street. From a judgment for plaintiff against defendant city, it appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Mrs. Amy Carle against the City of Birmingham and another, for damages from a fall on the street. From a judgment for plaintiff against defendant city, it appeals. The complaint claims damages for an injury which plaintiff alleges was caused when plaintiff “stumbled, tripped, fell, or ivas thrown by reason and as a proximate consequence of an obstruction, to wit, a wire extending over or across a part of the sidewalk at the intersection of Sixteenth street and Eleventh avenue south.” Plea 3 is as follows: Plaintiff…
1Opinion of the CourtMcCLELLAN, J.
(I) By Code 1907, § 127S, the liability of municipalities for damages for' injuries done •or suffered is limited to tAvo distinct classes of negligent misconduct or omission, viz.: (a) Where the wrong-done or suffered Avas the'proximate result of culpable .act or omission of some agent, officer, or employee engaged, within the line of his duty, in the municipality’s service; (b) Avhere the wrong donfe or suffered was the ■proximate result of culpable municipal omission “to •remedy some defect in the streets, alleys, public ways, ■or buildings, after the same (i. e., defect as defined) has…
2Cases cited5 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- City Council v. TharpeSupreme Court of Georgia · 1901
- City of Bessemer v. WhaleySupreme Court of Alabama · 1914
- Woodson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Perrine v. Southern Bitulithic Co.Supreme Court of Alabama · 1914
3Cited by57 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- City of Tuscaloosa v. FairSupreme Court of Alabama · 1936
- City of Bessemer v. BrantleySupreme Court of Alabama · 1953
- City of Montgomery v. FergusonSupreme Court of Alabama · 1922
- Hillman v. City of AnnistonSupreme Court of Alabama · 1926
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