City of New Decatur v. Chappell
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by A. J. Chappell against the city of New Decatur, for injuries sustained by falling through a defective bridge or walkway in said city. Judgment for plaintiff and defendant appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by A. J. Chappell against the city of New Decatur, for injuries sustained by falling through a defective bridge or walkway in said city. Judgment for plaintiff and defendant appeals. The city did not have power to waive the provision of section 1275, Code 1907. The statute is negative in terms, and was tiierefore, mandatory and imperative. — Bland v. Gity of Mobile, 37 South. 843; Starling v. Town of Bedford, 62 N. W. 674; Stephens v. Smith, 10 Wall. 321; 26 A. & E. Enc. of Law, 689. The city council could not…
1Opinion of the Court
PELI-IAM. J.
This suit At'as instituted in the trial ■court against the appellant, a. municipal corporation, by the appellee, to recover damages for personal injuries .alleged to have been suffered by appellee falling into a defective plank AvalkAvay or bridge constructed along one of the public highways in the city of New Decatur.
No sworn statement, as required by section 1275 of the Code of 1907, Avas filed by appellee with- the clerk of the appellant municipal corporation, but the following matters Avere set up in the amended complaint and averred as a Avaiver of the notice, and were also…
2Cases cited13 opinions
- Barrett v. City of MobileSupreme Court of Alabama · 1900
- Ridgeway v. City of EscanabaMichigan Supreme Court · 1908
- Germaine v. City of MuskegonMichigan Supreme Court · 1895
- Bowman v. Ogden CityUtah Supreme Court · 1908
- Lindley v. City of DetroitMichigan Supreme Court · 1902
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3Cited by5 opinions
- City of Huntsville v. GoodenrathAlabama Court of Appeals · 1915
- Water Works and Sewer Board of Fairhope v. BrownSupreme Court of Alabama · 1958
- City of Fort Worth v. JonesCourt of Appeals of Texas · 1922
- City of Bessemer v. WhaleyAlabama Court of Appeals · 1914
- City of Fort Worth v. JonesCourt of Appeals of Texas · 1922