City of Montgomery v. Ross
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. W. W. Pearson. Action by Lula M. Ross against the City of Montgomery for damages occasioned by a defective sidewalk.
Read the full summary
Appeal from Montgomery City Court. Heard before Hon. W. W. Pearson. Action by Lula M. Ross against the City of Montgomery for damages occasioned by a defective sidewalk. Judgment for plaintiff, and defendant appeals. - The pleas were not guilty, contributory negligence, in short, by consent, and (4) For further answer, defendant says that said alleged injury, if it occurred, was caused at a connection of two sidewalks, said sidewalks being of different-heights, that said downward step was provided for by plans and specifications for the paving of said sidewalk upon Highland avenue, adopted by…
1Opinion of the Court
MAYFIELD, J.-
Appellee sued appellant to recover damages for personal injuries alleged to have been received on account of a defect in the sidewalk at the junction of Buford street and Highland avenue, in the city of Montgomery. ¡The defect, if any, was a sudden and abrupt change in the grade of the sidewalk of about ten inches. Appellee, while walking along the sidewalk at this point, stepped off this sudden drop, and fell, receiving in consequence thereof personal injuries, for which she sues.(1) It is contended: First, that the city is not liable as for defects in its streets and"…
2Cases cited16 opinions
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Askew v. Hale CountySupreme Court of Alabama · 1875
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- Burford v. City of Grand RapidsMichigan Supreme Court · 1884
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Keggin v. County of HillsboroughSupreme Court of Florida · 1916
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Walker County v. DavisSupreme Court of Alabama · 1930
- Foster & Creighton Co. v. St. Paul Mercury Indemnity Co.Supreme Court of Alabama · 1956
- City of Birmingham v. EdwardsSupreme Court of Alabama · 1918
19 more not listed; retrieve them via the Exa API.