Benton v. City of Montgomery
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; W. W. Pearson, Judge. Action by Cornelia O. Benton, as administratrix, against the City of Montgomery and the Montgomery Light & Traction Company. Judgment for defendants, and plaintiff appeals.
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Appeal from Circuit Court, Montgomery County; W. W. Pearson, Judge. Action by Cornelia O. Benton, as administratrix, against the City of Montgomery and the Montgomery Light & Traction Company. Judgment for defendants, and plaintiff appeals. The following is count B of the complaint: “Plaintiff claims of defendant * * for that said city of Montgomery is a municipal corporation and was on and for many years prior to December 17, 1912, a municipal corporation organized under the laws of the state of Alabama, and that, to wit, on said day and date, there existed in the city of Montgomery, and…
1Opinion of the CourtMcCLELLAN, J.
The administratrix of Robert W. Benton, deceased, instituted this action against the city of Montgomery to recover damages for his death. About 7 o’clock p. m., December 17, 1912, he was found prone and unconscious on the paved floor of the underpass leading from a point on Commerce street, in the city of Montgomery, under the street car company’s track which turns above the underpass across Commerce street toward the Louisville & Nashville Railroad station to the south, to the wharf on the bank of the Alabama river. He never regained consciousness, and died on December 18, 1912. At the…
2Cases cited13 opinions
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- City of Birmingham v. CarleSupreme Court of Alabama · 1915
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
- Brannon v. City of BirminghamSupreme Court of Alabama · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Diemert v. City of MobileSupreme Court of Alabama · 1985
- City of Birmingham v. City of FairfieldSupreme Court of Alabama · 1979
- City of Anniston v. RosserSupreme Court of Alabama · 1963
- Atlantic Coast Line R. Co. v. CarrollSupreme Court of Alabama · 1922
- City of Birmingham v. CoxSupreme Court of Alabama · 1935
11 more not listed; retrieve them via the Exa API.