City of Birmingham v. Muller
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Suit by Mrs. Harry Muller against the City of Birmingham. From judgment for plaintiff, defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Suit by Mrs. Harry Muller against the City of Birmingham. From judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. Suit by appellee against appellant for recovery of damages, sustained by her, as the result of stepping into a hole in a bridge at the intersection of Cleveland and Tate avenues, which are public thoroughfares in the city of Birmingham; the said bridge having been constructed and being then maintained by the city of Birmingham. The proof shows that the…
1Opinion of the CourtGardner, J.
much of the argument of appellant’s counsel is addressed to the sufficiency of counts 7 and 8 as against demurrers interposed thereto. These counts were added to the complaint by amendment. A careful examination of the record fails to disclose any demurrers interposed to said counts. We are therefore not in a position to review any such ruling, and are not called upon to pass upon the sufficiency of said counts; but we cite without comment a few of our cases bearing somewhat upon the question argued: City of Anniston v. Ivey, 151 Ala. 392, 44 South. 48; Lord v. City of Mobile, 113 Ala. 360,…
2Cases cited15 opinions
- City of Birmingham v. CarleSupreme Court of Alabama · 1915
- City of Bessemer v. WhaleySupreme Court of Alabama · 1914
- City of Warsaw v. DunlapIndiana Supreme Court · 1887
- Lord v. City of MobileSupreme Court of Alabama · 1896
- City of Montgomery v. WycheSupreme Court of Alabama · 1910
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3Cited by15 opinions
- City of Bessemer v. BarnettSupreme Court of Alabama · 1924
- Hillman v. City of AnnistonSupreme Court of Alabama · 1926
- Dorminey v. City of MontgomerySupreme Court of Alabama · 1936
- City of Birmingham v. WhitworthSupreme Court of Alabama · 1929
- Benton v. City of MontgomerySupreme Court of Alabama · 1917
10 more not listed; retrieve them via the Exa API.