City of Bessemer v. Whaley
Supreme Court of Alabama
Certiorari to Court of Appeals. Mrs. S. B. Whaley sued the city of Bessemer for damages for personal injury because of a defective sidewalk, and had judgment, which judgment on appeal to the Court of Appeals- was reversed and remanded. She now brings certiorari to review the judgment and decision of the Court of Appeals. Counsel uses the same argument in support of the petition for certiorari as was used by them as counsel for appellee in Oity of Bessemer v. Whaley, 10 Ala.
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Certiorari to Court of Appeals. Mrs. S. B. Whaley sued the city of Bessemer for damages for personal injury because of a defective sidewalk, and had judgment, which judgment on appeal to the Court of Appeals- was reversed and remanded. She now brings certiorari to review the judgment and decision of the Court of Appeals. Counsel uses the same argument in support of the petition for certiorari as was used by them as counsel for appellee in Oity of Bessemer v. Whaley, 10 Ala. App. 569. Counsel used the same argument as that used in a former report of this case in Oity of Bessemer v. Whaley, 10…
1Opinion of the Court
de GRAFFENRIED, J.
Undoubtedly the complainant in this case makes out a cause of action against the city of Bessemer. — Oity of Bessemer v. 8. B. Whaley, 10 Ala. App. 569, 65 South.542.
It is claimed that some of the counts of the complaint show that other persons besides the city of Bessemer participated in the creation of the nuisance which proximately caused the plaintiff’s injuries. If so, upon an appropriate motion, under the terms of section 1274 of the Codej the plaintiff might, after having been given an opportunity to make such other persons defendants, and having failed to do so, have…
2Cases cited6 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Taliaferro v. LaneSupreme Court of Alabama · 1853
- Nicrosi v. RoswaldSupreme Court of Alabama · 1896
- Murphy's adm'rs v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1843
- Logan v. BarclaySupreme Court of Alabama · 1842
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3Cited by5 opinions
- Chamberlain v. Board of CommissionersSupreme Court of Alabama · 1943
- City of Huntsville v. PhillipsSupreme Court of Alabama · 1914
- City of Birmingham v. MullerSupreme Court of Alabama · 1916
- Milner v. City of BirminghamSupreme Court of Alabama · 1918
- City of Montgomery v. MoonSupreme Court of Alabama · 1921