McLemore v. City of West End
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by G. B. McLemore against the City of West End. From a judgment for defendant on demurrer to the complaint, plaintiff appeals. The sixth amendment, alluded to in the opinion, is an amendment to the third count of the complaint by striking therefrom the word “unmanageable,” where it occurs therein, and inserting in lieu thereof the word “frightened.”
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by G. B. McLemore against the City of West End. From a judgment for defendant on demurrer to the complaint, plaintiff appeals. The sixth amendment, alluded to in the opinion, is an amendment to the third count of the complaint by striking therefrom the word “unmanageable,” where it occurs therein, and inserting in lieu thereof the word “frightened.” The other pleadings and the rulings thereon sufficiently appear in the opinion. The statutes of Alabama in regard to amendments are very liberally construed. — Mahan v.…
1Opinion of the CourtDenson, J.
The original complaint contained four counts, in which it was averred, in varying form, that the duty rested upon the city of West End, a municipal corporation, to keep its streets in reasonably safe condition; that it had negligently allowed a wire fence to be maintained in a street of the city; and that the plaintiff, while riding on horseback along the street, was injured, by Ids horse becoming unmanageable and running into the fence, throwing the plaintiff, breaking his leg, and otherwise injuring him. The general issue *238was pleaded; and after the introduction of some of plaintiff’s…
2Cases cited2 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- City Council v. ReeseSupreme Court of Alabama · 1906
3Cited by5 opinions
- Decatur Water Works Co. v. FosterSupreme Court of Alabama · 1909
- Central of Georgia Railway Co. v. FullerSupreme Court of Alabama · 1909
- Kilgore v. Birmingham Ry., Light & Power Co.Supreme Court of Alabama · 1917
- Doolin v. City of WinnerSouth Dakota Supreme Court · 1925
- City of Montgomery v. SuppleAlabama Court of Appeals · 1918