City of Birmingham v. Kircus

It is now the established law of this state, based on ‘“reason, demanded by justice and supported by a preponderance of authority,” that a municipal corporation acts ministerially, and is responsible for actual damages caused by the careless and negligent manner in which it discharges its dúty in erecting and maintaining sewers and drains for the control of water falling or flowing on its streets. City Council of Montgomery v. Gilmer et al., 33 Ala. 116, 70 Am. Dec. 562. And it has many times been held by this court and by the Supreme Court that negligence in the performance of a duty charged…