Williams v. Stillwell
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. Jas. E. Dowdell. This action was brought by Mrs. Mary H. Williams, against.E.
Read the full summary
Appeal from the Circuit Court of Macon. Tried before the Hon. Jas. E. Dowdell. This action was brought by Mrs. Mary H. Williams, against.E. P. Stillwell, to recover damages for personal injuries sustained by plaintiff from a defective public bridge in the county; and was commenced on the 14th February, 1889. The injury occurred on .the 19th July, 1888, while the plaintiff was crossing the bridge in a buggy, and the horse, becoming frightened, or restive, backed the buggy over the side of the bridge, which was not protected by a sufficient railing; whereby plaintiff was thrown from the buggy,…
1Opinion of the CourtStone, C. J.
In Lee County v. Yarbrough, 85 Ala. 590, we said: “ The liabilities of counties, for injuries caused by defective public bridges, is purely statutory; for, in the absence of statute, there is no liability.” "We cited many authorities in support of that propositoin. The principle announced is, that when a public bridge is constructed under contract with a third person as builder, and a bond or other guaranty has been taken from the builder, then, for an injury caused by defective structure, or want of necessary repairs, if suffered during the term covered by the guaranty, redress must be…
2Cases cited2 opinions
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Lee County v. YarbroughSupreme Court of Alabama · 1888
3Cited by8 opinions
- O'Brien v. American Bridge Co.Supreme Court of Minnesota · 1910
- Lovejoy v. Bessemer Waterworks Co.Supreme Court of Alabama · 1906
- Brown v. Shelby CountySupreme Court of Alabama · 1920
- Barbour County v. ReevesSupreme Court of Alabama · 1928
- Danforth & Armstrong v. Tennessee & Coosa River RailroadSupreme Court of Alabama · 1892
3 more not listed; retrieve them via the Exa API.