Dunn & Lallande Bros. v. Gunn
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Heard before Hon. A. H. Alston. Action by J. H. Gunn against Dunn & Dallando Bros. Judgment for plaintiff, and defendants appeal. The nature of the suit and the substance of the corn-paint is sufficiently set out in the opinion.
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Appeal from Shelby Circuit Court. Heard before Hon. A. H. Alston. Action by J. H. Gunn against Dunn & Dallando Bros. Judgment for plaintiff, and defendants appeal. The nature of the suit and the substance of the corn-paint is sufficiently set out in the opinion. The second count simply alleges that the excavation was made across a road or way which was generally used, and traveled by the public in going to and, returning from the town or village of Longview, and that it was a much traveled roadway ivas obvious and apparent. The third count describes the roadway as a public highway. Demurrers…
1Opinion of the Court
HARALSON, J. —
In its merits this cause of . action is simple, and is for the recovery of damages for personal injuries caused by the alleged negligence of defendants in cutting a ditch across a road, which had been for many years traveled by the public generally, on foot, on horseback and in vehicles, and negligently leaving it open, without taking sufficient precaution to prevent persons driving on said road .from falling into the same.
*592This preliminary statement is made as justifying the course we take in not considering the many assignments bf error in detail, since it would be almost…
2Cases cited3 opinions
- Ala. Great Southern Railroad v. TapiaSupreme Court of Alabama · 1891
- Hames v. BrownleeSupreme Court of Alabama · 1879
- Lewman & Co. v. AndrewsSupreme Court of Alabama · 1900
3Cited by18 opinions
- Birmingham Electric Co. v. ClevelandSupreme Court of Alabama · 1927
- Scruggs v. BeasonSupreme Court of Alabama · 1945
- Carter v. WalkerSupreme Court of Alabama · 1914
- Newell Contracting Co. v. BerrySupreme Court of Alabama · 1931
- Houston v. Town of WaverlySupreme Court of Alabama · 1932
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