Campbell's Adm'x v. City Council of Montgomery
Supreme Court of Alabama
APPEAL from Circuit Court of Montgomery. Tried before Hon. JAS. Q. Smith. This was an action brought by appellant, as administratrix of S. S. Campbell, deceased, against the city council of Montgomery, to recover damages for the killing of her intestate and husband, which, it is averred, was caused by the negligence of the defendant to keep its streets in repair, &c.
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APPEAL from Circuit Court of Montgomery. Tried before Hon. JAS. Q. Smith. This was an action brought by appellant, as administratrix of S. S. Campbell, deceased, against the city council of Montgomery, to recover damages for the killing of her intestate and husband, which, it is averred, was caused by the negligence of the defendant to keep its streets in repair, &c. The complaint contained several counts, to each of which a demurrer was sustained; and plaintiff declining to plead over, judgment final was rendered against her. The gravamen of the first count was, rhat the city failed,…
1Opinion of the CourtBrickell, C. J.
The proposition on which appellant relies to support the action is, that the act of incorporation imposes on the city the specific duty of keeping in repair the streets Avithin its territorial limits. The inhabitants are relieved from working on roads and highways without the city, because of the imposition of this duty, and in consideration of its performance. The duty is, therefore, an absolute and perfect corporate duty; and when injury results *529to an individual from an omission or neglect to perform it, an action for damages rq.ay be supported. The correctness of the proposition is not…
2Cases cited2 opinions
- Smoot v. Mayor of WetumpkaSupreme Court of Alabama · 1854
- Quarles v. GrigsbySupreme Court of Alabama · 1857
3Cited by16 opinions
- City of Bessemer v. WhaleySupreme Court of Alabama · 1914
- Hillman v. City of AnnistonSupreme Court of Alabama · 1926
- Mayor of Dalton v. WilsonSupreme Court of Georgia · 1903
- Woodruff v. StewartSupreme Court of Alabama · 1879
- City of Montgomery v. QuinnSupreme Court of Alabama · 1944
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