City Council v. Reese
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. T). Sayre. Action for damages on account of an injury to a horse, by appellee against appellant.
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Appeal from Montgomery City Court. Heard before Hon. A. T). Sayre. Action for damages on account of an injury to a horse, by appellee against appellant. The evidence tended to show that a man hole had been constructed in the center of a certain street in the city of Montgomery and that the soil had worn away and the man hole was permitted to remain six or seven inches above the surface of the street, and while being driven along said street, plaintiff’s horse struck said man hole and became permanently injured. The defendant sought by the second plea, to show that a sewerage and drainage was…
1Opinion of the CourtDenson, J.
This action is based upon the alleged negligence of the corporate authorities of the city of Montgomery in constructing or placing a man hole in the middle of one of the public streets of the city, so that it projected above the surface of the street six or seven inches, and in consequence of which plaintiff’s horse, while being driven along the street at night, struck his foot against the manhole and was permanently injured. The errors assigned relate alone to the judgment of the court sustaining a demurrer to plea No. 2. With respect to the alleged defect in the street, the plea averred…
2Cases cited3 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- Mayor of Birmingham v. TayloeSupreme Court of Alabama · 1894
3Cited by9 opinions
- Jackson v. City of FlorenceSupreme Court of Alabama · 1975
- City of Montgomery v. FergusonSupreme Court of Alabama · 1922
- Vance v. MorganSupreme Court of Alabama · 1916
- Houston v. Town of WaverlySupreme Court of Alabama · 1932
- City of Florence v. StackSupreme Court of Alabama · 1963
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