Vance v. Morgan
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by G. R. Vance against J. F. Morgan and others,, partner's, doing business under the firm flame of Morgan & Co. Judgment for defendant and plaintiff appeals.
1Opinion of the Court
SOMERVILLE, J.—
(1, 2) It is well settled that persons using a public street have a right to presume, and to act on the presumption, that the way is reasonably safe for ordinary travel, whether by day or night.—13 R. C. L. 472; Birmingham v. Tay-*150loe, 105 Ala. 170, 16 South. 576; Montgomery v. Reese, 146 Ala. 410, 40 South. 760. But “generally speaking the rule does not apply if the traveler knows of the defect or obstruction in the highway, or has reason to believe that it exists.” — 13 R. C. L. 475. In such a case, although he may not be bound to refrain from using the highway, yet, if he…
2Cases cited3 opinions
- Mayor of Birmingham v. TayloeSupreme Court of Alabama · 1894
- City of Montgomery v. RossSupreme Court of Alabama · 1916
- City Council v. ReeseSupreme Court of Alabama · 1906
3Cited by25 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- City of Montgomery v. FergusonSupreme Court of Alabama · 1922
- Walker County v. DavisSupreme Court of Alabama · 1930
- Thomas v. CarterSupreme Court of Alabama · 1927
- Turner v. BlantonSupreme Court of Alabama · 1965
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