Blann v. State
Supreme Court of Alabama
Atpeal from the Circuit Court of Dallas. Tried before tbe Hon. Poster King. The indictment in tbis case, which was found at the November term of said court, 1863, was in the following words: “ The grand jury of said county charge, that, before the finding of this indictment, Elza Blann erected a bridge across Bougchitto creek in said county, known as ‘ Bamer’s bridge,’ on the lower Linden road, by contract with the county-'commissioners, and obligated himself to keep the…
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Atpeal from the Circuit Court of Dallas. Tried before tbe Hon. Poster King. The indictment in tbis case, which was found at the November term of said court, 1863, was in the following words: “ The grand jury of said county charge, that, before the finding of this indictment, Elza Blann erected a bridge across Bougchitto creek in said county, known as ‘ Bamer’s bridge,’ on the lower Linden road, by contract with the county-'commissioners, and obligated himself to keep the same in good repair for the term of five years, and knowingly suffered the same to remain out of repair, and unsafe for tbe…
1Opinion of the CourtA. J. Walker, C. J.
The defendant contracted to keep in repair for five years a bridge constructed by him under contract with the county commissioners. A suit for .damages was prescribed by section 1203 of the Code, as the redress for a private injury, resulting from a breach of the contract to keep the bridge in repair. After the contract was made, an act was passed by the legislature, .which made it an indictable offense for such contractor “to -knowingly suffer any such bridge to remain out of repair, *355and unsafe for the passage of travellers and other persons, for more than ten days at any one time, during…
2Cases cited5 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- South-Western Railroad v. PaulkSupreme Court of Georgia · 1858
- Coates v. Mayor, Aldermen, & Commonalty of New YorkNew York Supreme Court · 1827
- Coosa River Steamboat Co. v. BarclaySupreme Court of Alabama · 1857
- Brown v. President of Penobscot BankMassachusetts Supreme Judicial Court · 1812
3Cited by2 opinions
- Crosby v. City CouncilSupreme Court of Alabama · 1895
- City of Birmingham v. HoltSupreme Court of Alabama · 1940