City of Selma v. Perkins
Supreme Court of Alabama
Appeal from the Citj Court of Selma. Tried before the Hon. JoNA. Haealson. This action was brought by Harriet S. Perkins, against the city of Selma, as a municipal corporation, to recover damages for personal injuries sustained by the plaintiff by falling into a ditch while crossing the street at the intersection of Selma and Lauderdale streets, on or about the 4th December, 1877 ; and was commenced on the 4th May, 1878. The complaint alleged that the defendant, “under and…
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Appeal from the Citj Court of Selma. Tried before the Hon. JoNA. Haealson. This action was brought by Harriet S. Perkins, against the city of Selma, as a municipal corporation, to recover damages for personal injuries sustained by the plaintiff by falling into a ditch while crossing the street at the intersection of Selma and Lauderdale streets, on or about the 4th December, 1877 ; and was commenced on the 4th May, 1878. The complaint alleged that the defendant, “under and by virtue of its charter, and by the law of the land, was bound to keep, and of right ought to have kept, the public…
1Opinion of the CourtBeickell, C. J.
A special duty enjoined on the city of Selma by its charter (and of the charter courts take judicial notice), is to keep its streets in repair. If an individual suffers injury from the negligent performance of this duty, the-city is answerable to him in damages.—Smoot v. Mayor of *149Wetumpka, 24 Ala. 112; City Council of Montgomery v. Gilmer, 33 Ala. 116; Albrittin v. Huntsville, 60 Ala. 486. If the courts of other States find it consistent with their system of jurisprudence to adopt a different view of the measure of the liability of municipal corporations, it furnishes no reason or authority…
2Cases cited3 opinions
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Smoot v. Mayor of WetumpkaSupreme Court of Alabama · 1854
- Albrittin v. Mayor of HuntsvilleSupreme Court of Alabama · 1877
3Cited by8 opinions
- Jackson v. City of FlorenceSupreme Court of Alabama · 1975
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Dorminey v. City of MontgomerySupreme Court of Alabama · 1936
- City of Birmingham v. GordonSupreme Court of Alabama · 1910
- In Re Assessment of First National Bank of ChickashaSupreme Court of Oklahoma · 1923
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