Walker v. Smith
Supreme Court of Alabama
Appeal from Lee Law and Equity Court. Heard before Hon. Lum Duke. Action by Maud Walker against John Smith, T. Judgment for the defendant, and plaintiff appeals. Suit by appellant (plaintiff in court below) against the defendant for recovery of damages sustained by her in a fall on the sidewalk in front of defendant’s mercantile store, or warehouse, in the city of Opelika. Jury and verdict for the defendant.
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Appeal from Lee Law and Equity Court. Heard before Hon. Lum Duke. Action by Maud Walker against John Smith, T. Judgment for the defendant, and plaintiff appeals. Suit by appellant (plaintiff in court below) against the defendant for recovery of damages sustained by her in a fall on the sidewalk in front of defendant’s mercantile store, or warehouse, in the city of Opelika. Jury and verdict for the defendant. Count 1 alleged, in substance, that the plaintiff was walking along the sidewalk, and when in front of said warehouse she slipped and fell, the fall being caused by a quantity of cotton…
1Opinion of the Court
GARDNER, J.(1) It is insisted by counsel for appellant that pedestrians have the right to the use of the public streets, and that this right extends to the entire width thereof (City Council of Montgomery v. Reese, 146 Ala. 410, 40 South. 760; Am. Bolt Co. v. Fennell, 158 Ala. 484, 48 South. 97), and that they attempt to limit or restrict plaintiff to the use of only a portion of the sidewalk. The general rule is well recognized and indeed conceded by counsel for appellee. This rule is subject, however, to certain reasonable and necessary limitations, among them the right of an abutting…
2Cases cited14 opinions
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Flynn v. . TaylorNew York Court of Appeals · 1891
- Lord v. City of MobileSupreme Court of Alabama · 1896
- Welsh v. . WilsonNew York Court of Appeals · 1886
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
- Walker County v. DavisSupreme Court of Alabama · 1930
- Hamilton v. Cranford Mercantile Co.Supreme Court of Alabama · 1918
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
- City of Birmingham v. MonetteSupreme Court of Alabama · 1941
2 more not listed; retrieve them via the Exa API.