Louisville N. R. Co. v. Stanley

ANDERSON, Chief Justice.

It seems that the bridge in question was constructed by the defendant railroad company under an ordinance contract with the city of Cullman to construct and maintain same. It is true the bridge is upon the right of way of the defendant, but it is also a component part of the highway of the city of Cullman'whose primary duty it is to use reasonable care to keep its said highway in a safe condition. City of Bessemer v. Barnett, 212 Ala. 202, 203, 102 So. 23. And the city cannot relieve itself of liability by a delegation of the authority to another. 13 R.C.L. 335.

We…