Ivory v. City of Montgomery

CARR, Presiding Judge.

The plaintiffs in this cause seek to recover damages to personal property on account of alleged negligence of agents or employees of the City of Montgomery while engaged in their duties of collecting trash or garbage.

The court below sustained demurrers to the complaint, and the plaintiffs suffered a non-suit and perfected this appeal. Title 7, Sec. 819, Code 1940.

There is a conflict among the authorities in the various jurisdictions as to whether or not the collection of garbage by a municipality is a governmental or corporate function.

The Supreme Court of our State has…