City of Birmingham v. Crane
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Hugh C. Crane, as administrator of the estate of Lloyd Kerr, deceased, against the City of Birmingham. From a judgment for plaintiff, defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Hugh C. Crane, as administrator of the estate of Lloyd Kerr, deceased, against the City of Birmingham. From a judgment for plaintiff, defendant appeals. The complaint is as follows: Count 1, as amended: “Plaintiff, who sues in his capacity as the administrator of Lloyd Kerr, deceased, claims of defendant mayor and aldermen of Birmingham, a municipal corporation under the laws of Alabama, the sum of $20,000 damages, in this: That on or prior to the 29th day of September, 1902, defendant had committed to its care and…
1Opinion of the CourtSayre, J.
The tAvo counts of the complaint, so far as concerns the objections taken to them by demurrer, ■Avere substantially equivalents of each other and, in respect to the averment of notice of the defect, folloAved forms which have had the approval of this court.— *97Birmingham v. Pool, 169 Ala. 177, 52 South. 937; Ensley v. Smith, 165 Ala. 387, 51 South. 343, and cases cited. The complaint sufficiently avers that the defendant municipality had actual or constructive notice of the defect alleged for such length of time as gave its officers, in the exercise of reasonable diligence, opportunity to make…
2Cases cited6 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- White v. WardSupreme Court of Alabama · 1908
- Lord v. City of MobileSupreme Court of Alabama · 1896
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- City of Birmingham v. PooleSupreme Court of Alabama · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Alabama Great Southern Railroad Co. v. BishopSupreme Court of Alabama · 1956
- Harris v. Town of Tarrant CitySupreme Court of Alabama · 1930
- Louisville & N. R. R. v. WilliamsSupreme Court of Alabama · 1913
- Lucas v. Mississippi Housing Authority No. 8Mississippi Supreme Court · 1983
- Peoples v. SeamonSupreme Court of Alabama · 1947
17 more not listed; retrieve them via the Exa API.