Mayor of Birmingham v. McCary
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before Hon. H. A. Si-iarpe. Appellee, McCary, brought suit against the Mayor and Aldermen of Birmingham to recover damages for injuries sustained by reason of a ditch across one of the streets, including the sidewalks, of said city of Birmingham being left open without proper lights, or other warning of danger, and into which plaintiff fell the night of November 25, 1885, and broke his arm.
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Appeal from Birmingham City Court. Tried before Hon. H. A. Si-iarpe. Appellee, McCary, brought suit against the Mayor and Aldermen of Birmingham to recover damages for injuries sustained by reason of a ditch across one of the streets, including the sidewalks, of said city of Birmingham being left open without proper lights, or other warning of danger, and into which plaintiff fell the night of November 25, 1885, and broke his arm. The several defenses to the action appear in the opinion. The contributory negligence charged on plaintiff was that he did know, or ought to have known, of the…
1Opinion of the CourtSomebyille, J.
The present action is based upon the alleged negligence of the corporate authorities of the city of Birmingham in allowing a ditch or excavation, made across a sidewalk, incident to the construction of a sewer, to remain open during the night time, without covering, guards or lights, in consequence of which the plaintiff fell in, and was injured by the breaking of his arm.
The main defense relied on by the city is, that the wrongful act complained of was the act of one Stonestreet, to whom the city had lawfully let the contract of constructing the sewers, and that under the terms of the…
2Cases cited19 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Water Co. v. WareSupreme Court of the United States · 1873
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- City of Logansport v. DickIndiana Supreme Court · 1880
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3Cited by39 opinions
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Southern Railway Co. v. LewisSupreme Court of Alabama · 1910
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Harris v. McNamaraSupreme Court of Alabama · 1892
- Dixie Stage Lines v. AndersonSupreme Court of Alabama · 1931
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