Anderson v. City of Birmingham
Supreme Court of Alabama
Appeal from Birmingham City Court. Heal’d before Hon. C. W. Ferguson. Action by Hattie I. Anderson against the City of Birmingham and another. From a judgment for defendants, plaintiff appeals.
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Appeal from Birmingham City Court. Heal’d before Hon. C. W. Ferguson. Action by Hattie I. Anderson against the City of Birmingham and another. From a judgment for defendants, plaintiff appeals. The gravamen of the charge is that, in grading and erecting an embankment along Twenty-Sixth street, defendants stopped and prevented the natural flow of the surface water, which gathered and ran over and upon and through and from plaintiff’s said property abutting on said street, and caused the said surface water to pond, settle, and stagnate upon the premises, to her great damage and injury. The…
1Opinion of the CourtDowdell, C. J.
Section 1191 of the Code of 1907, which provides that “all claims against the municipality (except bonds and interest coupons and claims for damages) shall be presented to the clerk for payment within two years from the accrual of said claim, or shall be barred; claims for damages -growing out of torts shall be presented within six months from the accrual thereof or shall be barred” — is a statute of nonclaims, and is unlike the provisions contained in section 36 of the old charter of the city of Birmingham *304(Acts 1890-91, p. 149), construed in Newman v. Mayor & Aldermen, 109 Ala. 630, 19…
2Cases cited2 opinions
- Floyd v. ClaytonSupreme Court of Alabama · 1880
- Newman v. Mayor of BirminghamSupreme Court of Alabama · 1895
3Cited by16 opinions
- Town of Athens v. MillerSupreme Court of Alabama · 1914
- Orenberg v. TheckerCourt of Appeals for the D.C. Circuit · 1944
- Alabama City, G. & A. Ry. Co. v. City of GadsdenSupreme Court of Alabama · 1913
- Perrine v. Southern Bitulithic Co.Supreme Court of Alabama · 1914
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
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