Legal Opinion
City of Birmingham v. Whitworth
Supreme Court of Alabama
Decided January 24, 1929No. 6 Div. 267PublishedCited by 17 opinions
1Opinion of the CourtThomas, J.
The trial was had upon count 6, and the general issue pleaded in short by consent.
The real insistence of appellant is that the city is not liable on the theory that in hauling material for or used in repairing and mending the street, it was engaging in or exercising a governmental function for which the city was not liable in damages, under the Homicide Act, section 5696 of the Code. This subject received a careful consideration in Hillman v. City of Anniston, 214 Ala. 522, 523, 108 So. 539, 46 A. L. R. 89, and Id., 216 Ala. 661, 114 So. 55. The conclusion there announced was that in the…
2Cases cited23 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- City of Wooster v. ArbenzOhio Supreme Court · 1927
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- City of Birmingham v. CarleSupreme Court of Alabama · 1915
- City of Bessemer v. WhaleySupreme Court of Alabama · 1914
18 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Jackson v. City of FlorenceSupreme Court of Alabama · 1975
- Niblock v. Salt Lake CityUtah Supreme Court · 1941
- Williams v. City of BirminghamSupreme Court of Alabama · 1929
- City of Anniston v. HillmanSupreme Court of Alabama · 1930
- Broxton v. StateAlabama Court of Appeals · 1936
12 more not listed; retrieve them via the Exa API.