City of Huntsville v. Phillips
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. Action by Daniel J. Phillips, pro ami, against the City of Huntsville and others. From a judgment for plaintiff, the City of Huntsville appeals.
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Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. Action by Daniel J. Phillips, pro ami, against the City of Huntsville and others. From a judgment for plaintiff, the City of Huntsville appeals. The first count of the complaint sets out that on a certain night, while plaintiff was riding in a hack within the corporate limits of said city, the hack collided with a large pile of crushed stone or rock which had been placed in the street by Felix Lanier in front of the residence of W. M. Yarbrough on the east side of the street in the course of construction by Lanier of a…
1Opinion of the Court
de GRAFFENRIED, J.
The plaintiff’s mother came into the city of Huntsville on a train. She was a widow, and brought with her her four children, and hired a hack to take her and them to a point in the city. The hack ran into a pile of rock which had been placed in the street, and the plaintiff thereby received painful and serious injuries. The injury occurred at night, and the pile of rock was neither guarded nor had a light near it. This suit was brought by the plaintiff, a minor under 10 years of age, for damages, against the city of Huntsville, one Yarbrough, and one Lanier. The record shows…
2Cases cited9 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Montgomery Light & Traction Co. v. KingSupreme Court of Alabama · 1913
- National Surety Co. v. MabrySupreme Court of Alabama · 1903
- Birmingham Railway, Light & Power Co. v. Aetna Accident & Liability Co.Supreme Court of Alabama · 1913
- Moseley v. JamisonMississippi Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- City of Montgomery v. FergusonSupreme Court of Alabama · 1922
- Berry v. DannellySupreme Court of Alabama · 1932
- Birmingham News Co. v. PayneSupreme Court of Alabama · 1935
- City of Birmingham v. YoungSupreme Court of Alabama · 1945
11 more not listed; retrieve them via the Exa API.