Town of Cullman v. McMinn
Supreme Court of Alabama
Appeal from Circuit Court of Cullman, Tried before the Hon. H. C. Speaks. This was an action by Charles R. McMinn against the town of Cullman, a municipal corporation, to recover damages for personal injuries alleged to have been sustained by the plaintiff while crossing a bridge, within the corporate limits of the defendant. The opinion sufficiently states the pleadings and the rulings thereon.
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Appeal from Circuit Court of Cullman, Tried before the Hon. H. C. Speaks. This was an action by Charles R. McMinn against the town of Cullman, a municipal corporation, to recover damages for personal injuries alleged to have been sustained by the plaintiff while crossing a bridge, within the corporate limits of the defendant. The opinion sufficiently states the pleadings and the rulings thereon. There was introduced in evidence an ordinance of the defendant prohibiting riding or driving over any bridge within the cerporate limits faster than a walk; and there was evidence tending to show that…
1Opinion of the CourtBrickell, C. J.
The liability of municipal corporations for injuries to persons lawfully using the streets, caused by defects or obstructions therein, springs from the duty, imposed upon them by law, to keep the streets in a safe condition for public use. It is said by Judge Dillon : “Where the duty to keep its streets in safe condition rests upon the corporation, it is liable for injuries caused by its neglect or omission to keep the streets in repair, as well as those caused by -defects occasioned by the wrongful acts of others, but, as the basis of the action is negligence, notice to the corporation of…
2Cases cited4 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
- Hall v. RipleyMassachusetts Supreme Judicial Court · 1875
- Klipper v. CoffeyCourt of Appeals of Maryland · 1876
3Cited by16 opinions
- City of Bessemer v. WhaleySupreme Court of Alabama · 1914
- City of Birmingham v. BowenSupreme Court of Alabama · 1950
- City of Montgomery v. RossSupreme Court of Alabama · 1916
- City of Montgomery v. QuinnSupreme Court of Alabama · 1944
- City of Birmingham v. WhitworthSupreme Court of Alabama · 1929
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