Legal Opinion

Smith v. City of Birmingham

Supreme Court of Alabama

Decided June 30, 1960No. 6 Div. 478PublishedCited by 6 opinions

1Opinion of the Court

LAWSON, Justice.

This is an appeal by the plaintiff from a judgment of nonsuit taken by her with leave to review the judgment of the trial court in sustaining demurrer to the complaint as amended. § 819, Title 7, Code 1940.

The sole assignment of error is to the effect that the trial court erred in sustaining the defendant’s demurrer to Count B of plaintiff’s complaint as last amended, which count will be set out in the report of the case.

It is established in this state that a municipal corporation is liable for injuries caused by the wrongful or negligent performance of its corporate or…

2Cases cited14 opinions

  1. Laney v. Jefferson CountySupreme Court of Alabama · 1947
  2. City of Decatur v. ParhamSupreme Court of Alabama · 1959
  3. Hibbard v. City of WichitaSupreme Court of Kansas · 1916
  4. Williams v. City of BirminghamSupreme Court of Alabama · 1929
  5. City of Mangum v. BrownleeSupreme Court of Oklahoma · 1938

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

3Cited by6 opinions

  1. Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
  2. Hillis v. City of HuntsvilleSupreme Court of Alabama · 1963
  3. Jones v. City of BirminghamSupreme Court of Alabama · 1969
  4. Moloney v. City of ColumbusOhio Supreme Court · 1965
  5. Chaffin v. City of MontgomerySupreme Court of Alabama · 1962

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

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