City Council v. Bradley & Edwards
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Bradley & Edwards against tbe city council of Montgomery and others. From a judgment for plaintiffs, defendants appeal. The case made by the complaint is that. Barrett was employed by Nathan Oriel and the corporation of Griel Bros.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Bradley & Edwards against tbe city council of Montgomery and others. From a judgment for plaintiffs, defendants appeal. The case made by the complaint is that. Barrett was employed by Nathan Oriel and the corporation of Griel Bros. Company to make certain water connections, and that by permission of the city council Barrett made an excavation in the street, about 4 feet in diameter and about 14 feet deep, and left the excavation unguarded and unattended, into which plaintiffs’ mule fell and was killed. The evidence…
1Opinion of the CourtDowdell, C. J.
This is an action for damages for the hilling of a mule, caused by the alleged negligence of the-defendants. The general issue and contributory negligence were pleaded in short by consent. The assignments of error are based on the refusal of the trial court to give written charges numbered from 2 to 9, inclusive.
The negligence as charged in the second count of the complaint consisted in the failure of the defendants “to put up any proper safeguards or barriers to prevent-animals, persons, or vehicles passing along said street from danger of falling therein;” that is, into the hole, 4 feet in…
2Cases cited5 opinions
- Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887
- Lord v. City of MobileSupreme Court of Alabama · 1896
- Mayor of Birmingham v. TayloeSupreme Court of Alabama · 1894
- Mayor of Birmingham v. LewisSupreme Court of Alabama · 1890
- Birmingham Railway & Electric Co. v. City Stable Co.Supreme Court of Alabama · 1898
3Cited by7 opinions
- City of Birmingham v. YoungSupreme Court of Alabama · 1945
- O'Neill v. City of St. LouisSupreme Court of Missouri · 1922
- Houston v. Town of WaverlySupreme Court of Alabama · 1932
- Life Casualty Ins. Co. v. BellSupreme Court of Alabama · 1938
- Life Casualty Co. of Tennessee v. StreetSupreme Court of Alabama · 1925
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