City of Birmingham v. Edwards
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Suit by Mrs. Fannie Edwards against the City of Birmingham and others. Judgment, for unnamed defendants and for plaintiff against the City, and the City appeals.
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Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Suit by Mrs. Fannie Edwards against the City of Birmingham and others. Judgment, for unnamed defendants and for plaintiff against the City, and the City appeals. Suit by appellee against the city of Birmingham (appellant here), Mrs. Mary Lovett, and A. J. Cates, for the recovery of damages for injuries sustained by the plaintiff (appellee) while passing along or over the sidewalk on what is known as Tuscaloosa avenue, between College and Jefferson streets, in that part of the city of Birmingham known as West End. It is averred…
1Opinion of the CourtGardner, J.
Plaintiff (appellee) resided in the city of Birmingham at No. 518 Tuscaloosa avenue in November, 1916. Near her home there was a defect or obstruction in the pavement of the sidewalk caused by the fact that some years previously a portion of the pavement was laid by the property owners on a certain grade, and when subsequently the other portion of the street was paved, under the direction of the authorities of the municipality of AVest End, the former grade was permitted to stand, thus producing at the conjunction of these two pieces of pavement an obstruction in the nature of a step…
2Cases cited19 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Collins v. City of JanesvilleWisconsin Supreme Court · 1901
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3Cited by29 opinions
- Terry v. Life Ins. Co. of GeorgiaSupreme Court of Alabama · 1989
- Williams v. City of HobbsNew Mexico Supreme Court · 1952
- Hill v. City of RichmondSupreme Court of Virginia · 1949
- Underwood v. Alabama State Board of EducationSupreme Court of Alabama · 2009
- Berness v. Regency Square AssociatesSupreme Court of Alabama · 1987
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