City of Ensley v. Smith
Supreme Court of Alabama
Damage on Account of Defect in Street. Appeal, from Birmingham City Court. Heard before Hon. C. C. NeSmith. Action by James Smith against the Mayor and City Council of Ensley. From a judgment for plaintiff, defendant appeals.
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Damage on Account of Defect in Street. Appeal, from Birmingham City Court. Heard before Hon. C. C. NeSmith. Action by James Smith against the Mayor and City Council of Ensley. From a judgment for plaintiff, defendant appeals. The complaint is as follows: “Plaintiff claims of the defendant the sum of $1,000 as damages, for that on, to wit, the 9th day of March, 1905, the defendant was a municipal corporation in Jefferson county, Alabama; that it was the duty of said municipal coroporation to keep the streets and avenues of said city of Ensley in a safe and suitable condition for the use of the…
1Opinion of the CourtAnderson, J.
— It is true that in actions of this character against a municipality it is incumbent upon the plaintiff to aver and prove express notice of the defect, or facts from which it might be inferred that the corporate authorities were chargeable with constructive notice thereof. The complaint, however, in the case at bar, and each count thereof, avers that the defendant negligently allowed the street to become in a dangerous condition, and was a sufficient averment of implied or constructive notice. — Lord v. City of Mobile, 113 Ala. 362, 21 South. 366; Arndt v. City of Cullman, 132 Ala. 547, 31…
2Cases cited4 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Arndt v. City of CullmanSupreme Court of Alabama · 1902
- Louisville & Nashville Railroad v. HawkinsSupreme Court of Alabama · 1890
3Cited by16 opinions
- Walker County v. DavisSupreme Court of Alabama · 1930
- City of Birmingham v. NorwoodSupreme Court of Alabama · 1930
- City of Montgomery v. WycheSupreme Court of Alabama · 1910
- City of Birmingham v. CraneSupreme Court of Alabama · 1911
- City of Birmingham v. PooleSupreme Court of Alabama · 1910
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