City Council of Montgomery v. Gilmer & Taylor
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lowndes. Tried before the Hon. John Gill Shorter. This action was brought by the appellees, in October, 1851, “ to recover damages for the defendant’s negligence and carelessness in permitting the rain-water to run upon plaintiffs’ lots, Nos. 1, 2, 9 and 10 in square No. 2, known as the Bibb & Nickels warehouse, from-street in the city of Montgomery, and thereby washing and undermining plaintiffs’ said lots, and injuring the same.”
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Appeal from tbe Circuit Court of Lowndes. Tried before the Hon. John Gill Shorter. This action was brought by the appellees, in October, 1851, “ to recover damages for the defendant’s negligence and carelessness in permitting the rain-water to run upon plaintiffs’ lots, Nos. 1, 2, 9 and 10 in square No. 2, known as the Bibb & Nickels warehouse, from-street in the city of Montgomery, and thereby washing and undermining plaintiffs’ said lots, and injuring the same.” The case was before this court at its January term, 1855, when the judgment of the circuit court was reversed, and the cause…
1Opinion of the CourtWalker, J.
—The first count of the declaration alleges, that the corporation wrongfully and unjustly erected a sewer and gutter, for the purpose of conducting the water through and from certain streets ; and that the erection was made in such a careless, negligent and improper manner, that by reason thereof large quantities of water flowed upon and damaged the plaintiffs’ neighbor*130ing lots. Notwithstanding there is some conflict of authority upon the subject, we think the doctrine, that a municipal corporation, in the construction of sewers, acts ministerially, and is responsible for damages caused by…
2Cases cited12 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
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- Dargan v. Mayor of MobileSupreme Court of Alabama · 1858
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3Cited by57 opinions
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- Oklahoma City Electric, Gas & Power Co. v. BaumhoffSupreme Court of Oklahoma · 1908
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