Brannon v. City of Birmingham
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. TV. Ferguson. Action by Mrs. M. E. Brannon against the City of Birmingham for injuries occasioned by a defective street. From a judgment for defendant, plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. TV. Ferguson. Action by Mrs. M. E. Brannon against the City of Birmingham for injuries occasioned by a defective street. From a judgment for defendant, plaintiff appeals. The complaint alleges that on, to wit, the 11th day of June, 1910, while plaintiff was passing along the public highway in the city of Birmingham, Jefferson county, Ala., to wit, Forty-Ninth street, between Tenth and Eleventh avenues, in said city, plaintiff was thrown, or caused to fall and be injured, etc. The complaint was afterwards amended by striking out the…
1Opinion of the CourtAnderson, J.
Section 1275 of the Code of 1907 says: “No recovery shall he had against any city or town on a claim for personal injury received unless a sworn statement he filed with the clerk, by the party injured, or his personal representative in case of his death, stating- substantially the manner in which the injury was received and the day and time, and the place where the accident occurred, and the damages claimed.” Statutes similar to this one have been previously construed by this court wherein it was held that they were designed for the purpose of giving the city authorities an opportunity to…
2Cases cited2 opinions
- Bland v. City of MobileSupreme Court of Alabama · 1904
- Newman v. Mayor of BirminghamSupreme Court of Alabama · 1895
3Cited by29 opinions
- City of Waco v. LandinghamCourt of Appeals of Texas · 1940
- McKinnon v. City of BirminghamSupreme Court of Alabama · 1916
- Perrine v. Southern Bitulithic Co.Supreme Court of Alabama · 1914
- City of Birmingham v. MauzeySupreme Court of Alabama · 1926
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
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