Legal Opinion

City of Birmingham v. Bowen

Supreme Court of Alabama

Decided June 22, 1950No. 6 Div. 889PublishedCited by 24 opinions

1Opinion of the Court

SIMPSON, Justice.

Appeal by the City of Birmingham, Alabama, from a judgment for personal injuries suffered by the plaintiff for the negligence of the City in failing to properly maintain a walkway over a water drain on 20th Street.

The governing rule is well understood. It was the duty of the City to exercise reasonable care in maintaining said sewer so that the public might use the walkway in safety. City of Birmingham v. Mauzey, 214 Ala. 476, 108 So. 382(10); City of Birmingham v. Crane, 175 Ala. 90, 56 So. 723.

In such an action, the burden is on the plaintiff to establish that the City…

Also in this document: Per curiam.

2Cases cited23 opinions

  1. Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
  2. Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
  3. Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
  4. Hale v. StateSupreme Court of Alabama · 1898
  5. Russo v. StateSupreme Court of Alabama · 1938

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

3Cited by24 opinions

  1. Burlington Northern Railroad v. WoodsSupreme Court of the United States · 1987
  2. Louisville and Nashville Railroad Co. v. TuckerSupreme Court of Alabama · 1955
  3. Hunt v. WardSupreme Court of Alabama · 1955
  4. Alabama Electric Co-Operative, Inc. v. PartridgeSupreme Court of Alabama · 1969
  5. City of Bessemer v. ClowdusSupreme Court of Alabama · 1954

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

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