City of Montgomery v. Supple
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by Alabama Supple against tbe City of Montgomery. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBrioken, J.
Appellee sued appellant, a municipal corporation, in ease, and grounded her complaint upon section 1273 of the Code of 1907. She procured a judgment, and from this judgment the present appeal is prosecuted.
Appellant makes but one insistence of error upon this appeal, and that is that as a matter of law an abrupt projection of the pavement in the middle of a paved sidewalk of the kind and character disclosed by the record is not an actionable defect.
The courts should never declare as a matter of law that a certain condition constitutes an actionable defect, or fails to constitute an actionable…
2Cases cited9 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- City of Birmingham v. EdwardsSupreme Court of Alabama · 1918
- White Swan Laundry Co. v. WehrhanSupreme Court of Alabama · 1918
- Mayor of Birmingham v. TayloeSupreme Court of Alabama · 1894
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3Cited by2 opinions
- City of Montgomery v. FergusonSupreme Court of Alabama · 1922
- Shaw v. StateAlabama Court of Appeals · 1924