McCain v. State
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Tried before- Hon. William L. Whitlock. The appellants were tried and convicted for failing to keep in repair a certain road or street in the town of Anniston, they being the corporate authorities of said town. The facts as to the situation and condition of the road which was suffered to remain out of repair, are fully stated in the opinion.
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Appeal from Calhoun Circuit Court. Tried before- Hon. William L. Whitlock. The appellants were tried and convicted for failing to keep in repair a certain road or street in the town of Anniston, they being the corporate authorities of said town. The facts as to the situation and condition of the road which was suffered to remain out of repair, are fully stated in the opinion. The court, ex mero motu, charged the jury, “ that if they believed from the evidence that the road described in the indictment is in the corporate limits of the town of Anniston, and was a public road when the town was…
1Opinion of the CourtStone, J.
The corporate-limits of the town of Anniston *139extend two miles in every direction from a named point. This gives an area of four miles across. The inhabitants are shown to be about five hundred persons. Anniston is then a small village, necessarily leaving much of its territorial area unoccupied. It was founded and incorporated only a few years ago. Before that time, this large territorial area must have been a rural settlement or district; and the proof shows that what the prosecution claims has become a street of the village, was, at the time of settlement and incorporation, a public highway…
2Cases cited1 opinion
- State v. Mayor of MobileSupreme Court of Alabama · 1837
3Cited by18 opinions
- Board of Revenue of Jefferson Co. v. State ex rel. City of BirminghamSupreme Court of Alabama · 1910
- Albes v. Southern Ry. Co.Supreme Court of Alabama · 1909
- Southern Railway Co. v. AblesSupreme Court of Alabama · 1907
- Town of Eutaw v. ColemanSupreme Court of Alabama · 1914
- Ivey v. City of BirminghamSupreme Court of Alabama · 1914
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