Mayor of Birmingham v. Starr
Supreme Court of Alabama
Appeal from the City Co.urt of Birmingham. Tried before the Hon. H. A. Sharpe. On the 22d day of March, 1895, appellee, Elizabeth C. Starr, brought this suit against appellant for five thousand dollars damages, for injuries sustained by her on one of the highways of the city of Birmingham.
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Appeal from the City Co.urt of Birmingham. Tried before the Hon. H. A. Sharpe. On the 22d day of March, 1895, appellee, Elizabeth C. Starr, brought this suit against appellant for five thousand dollars damages, for injuries sustained by her on one of the highways of the city of Birmingham. The complaint contains one count, and alleges that on and before October 11, 1894, when the accident complained of occurred, appellant was a municipal corporation and that as such it was its duty to keep its highways in a good and safe condition for public travel by day and night, and that on the day and…
1Opinion of the CourtColeman, J.
The appellee, while walking along a sidewalk of one of the streets of the city of Birmingham, fell, from which she received a personal injury. She brought this action to recover damages sustained by the fall. The complaint avers a depression in the sidewalk, of three feet in width and three inches in depth, which caused the fall, knowledge of the defect, the duty to repair, and neglect of duty in not repairing it. The defendant demurred to the complaint, assigning two grounds, the second and fourth, which we deem entitled to consideration. The second is “that the complaint does not show that…
2Cases cited5 opinions
- Smoot v. Mayor of WetumpkaSupreme Court of Alabama · 1854
- Albrittin v. Mayor of HuntsvilleSupreme Court of Alabama · 1877
- Mayor of Birmingham v. TayloeSupreme Court of Alabama · 1894
- Birmingham Union Railway Co. v. AlexanderSupreme Court of Alabama · 1890
- Bieling v. . City of BrooklynNew York Court of Appeals · 1890
3Cited by49 opinions
- Jackson v. City of FlorenceSupreme Court of Alabama · 1975
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
- Birmingham Railway, Light & Power Co. v. FriedmanSupreme Court of Alabama · 1914
- Walker County v. DavisSupreme Court of Alabama · 1930
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