City Council of Montgomery v. Maddox
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by Thomas B. Maddox against the City Council of Montgomery, to recover damages for injuries to his property caused by cutting down the adjacent side-walk to the level o£ the street; and was commenced on the 26th February, 1886. The plaintiff’s property was situated on Herron street, and in the same square with the property of George YY.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by Thomas B. Maddox against the City Council of Montgomery, to recover damages for injuries to his property caused by cutting down the adjacent side-walk to the level o£ the street; and was commenced on the 26th February, 1886. The plaintiff’s property was situated on Herron street, and in the same square with the property of George YY. Townsend; the injury to each being of the same character, and differing only in extent. The errors assigned are based on charges given by the court at…
1Opinion of the CourtSomerville, J.
The action is one entirely analogous to that presented in City Council of Montgomery v. Townsend, 80 Ala. 489; s. c., 84 Ala. 478, which was before this court twice on appeal. The plaintiff in the suit claims damages for the injury done his property on Herron street in the city of Montgomery, by reason of the grading and cutting down of the street and side-walk contiguous to the property, which is alleged and proved to have been done by authority of the City Council. The side-walk was Horn ten to fifteen feet above the altitude of the street, and was cut down to the level of the street grade;…
2Cases cited15 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Moore v. City of AtlantaSupreme Court of Georgia · 1883
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3Cited by39 opinions
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- Finnell v. PittsSupreme Court of Alabama · 1930
- Selden v. City of JacksonvilleSupreme Court of Florida · 1891
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