Legal Opinion

Bailey v. City of Mobile

Supreme Court of Alabama

Decided May 30, 1974No. S.C. 619PublishedCited by 23 opinions

1Opinion of the Court

MERRILL, Justice.

Appellant took a nonsuit and appealed after demurrer had been sustained to the complaint a third time. We affirm.

The suit was filed September 11, 1967, seeking $200,000.00 damages for fatal injuries to plaintiff’s minor son and daughter, and it was alleged that the defendant, City of Mobile, negligently maintained a public drainage ditch so as to allow children to fall into it and drown. Demurrer was sustained December 21, 1967. The complaint was amended, demurrer refiled and sustained October 23, 1968. The complaint was again amended on July 18, 1969 and demurrer thereto…

2Cases cited16 opinions

  1. Alabama Great Southern Railroad Co. v. GreenSupreme Court of Alabama · 1964
  2. Union Springs Telephone Company v. GreenSupreme Court of Alabama · 1969
  3. Cox v. Alabama Water Co.Supreme Court of Alabama · 1927
  4. City of Dothan v. GulledgeSupreme Court of Alabama · 1964
  5. Alabama By-Products Corporation v. CosbySupreme Court of Alabama · 1927

11 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Home Indem. Co. v. AndersSupreme Court of Alabama · 1984
  2. Kershaw v. Knox Kershaw, Inc.Supreme Court of Alabama · 1988
  3. Dailey v. City of BirminghamSupreme Court of Alabama · 1979
  4. Sherrill v. FRANK MORRIS, ETC.Supreme Court of Alabama · 1978
  5. City of Birmingham v. City of FairfieldSupreme Court of Alabama · 1979

18 more not listed; retrieve them via the Exa API.

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