Legal Opinion

Albrittin v. Mayor of Huntsville

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 28 opinions

Appeal from tbe Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by James H. Albrittin, against tbe mayor and aldermen of the city of Huntsville; and was commenced on tbe 19th November, 1877. Tbe complaint was in these words : “ Tbe plaintiff claims of tbe defendant, a municipal corporation under the laws of said State, twelve thousand dollars, as damages, because tbe defendant failed to do its duty, and erect and put up a barrier,…

Read the full summary

Appeal from tbe Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by James H. Albrittin, against tbe mayor and aldermen of the city of Huntsville; and was commenced on tbe 19th November, 1877. Tbe complaint was in these words : “ Tbe plaintiff claims of tbe defendant, a municipal corporation under the laws of said State, twelve thousand dollars, as damages, because tbe defendant failed to do its duty, and erect and put up a barrier, railing, or guard, along tbe north side of Spring street, a public highway in said city, and south of, and opposite the ‘…

1Opinion of the CourtManning, J.

This suit was brought by appellant, for damages for the wounds, suffering, loss of time, and expense, to which he was subjected, by a fall of about six feet in the night time, while walking in one of the public streets of Huntsville, down a precipice, or walled place, the upper part of which was on a level with the street, or foot pavement on the side thereof, and without a railing or other barrier, or any light burning near it. to prevent persons who, like him, did not know of its existence, or should not see it, from being precipitated down the descent. By the fall, it is alleged,…

2Cases cited3 opinions

  1. Chicago City v. RobbinsSupreme Court of the United States · 1863
  2. Smoot v. Mayor of WetumpkaSupreme Court of Alabama · 1854
  3. Case v. Mayor of MobileSupreme Court of Alabama · 1857

3Cited by28 opinions

  1. City of Galveston v. PosnainskyTexas Supreme Court · 1884
  2. Jackson v. City of FlorenceSupreme Court of Alabama · 1975
  3. Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
  4. Arndt v. City of CullmanSupreme Court of Alabama · 1902
  5. City of Bessemer v. WhaleySupreme Court of Alabama · 1914

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API