Legal Opinion

Allbritton v. City of Birmingham

Supreme Court of Alabama

Decided February 28, 1963No. 6 Div. 898PublishedCited by 5 opinions

1Opinion of the Court

HARWOOD, Justice.

Suit below arose from injuries sustained by the appellant which he averred resulted from stepping on a defectively placed culvert top as he was walking across a public street in the City of Birmingham, Alabama.

The notice of the injury served upon the clerk of the City of Birmingham was incorporated in haec verba in Count III of the complaint, the presentation of the claim having been alleged by way of conclusion in Counts I and II.

The City filed a demurrer to the complaint as amended by Count III. Several of the grounds of the demurrer are directed at the sufficiency of the…

2Cases cited5 opinions

  1. Grambs v. City of BirminghamSupreme Court of Alabama · 1919
  2. Brannon v. City of BirminghamSupreme Court of Alabama · 1912
  3. McKinnon v. City of BirminghamSupreme Court of Alabama · 1916
  4. Tolbert v. City of BirminghamSupreme Court of Alabama · 1955
  5. City of Birmingham v. JeffAlabama Court of Appeals · 1938

3Cited by5 opinions

  1. Bailey v. City of MobileSupreme Court of Alabama · 1974
  2. Vinson v. TurnerSupreme Court of Alabama · 1949
  3. Brasher v. City of BirminghamSupreme Court of Alabama · 1976
  4. Fuller v. City of BirminghamSupreme Court of Alabama · 1979
  5. Sydney Claire Frosch v. City of Birmingham (Appeal from Jefferson Circuit Court: CV-22-903566).Court of Civil Appeals of Alabama · 2023

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