Mayor of Birmingham v. Tayloe
Supreme Court of Alabama
Appeal from the City Court of Jefferson. Tried before the Hon. H. A. Sharpe. This was an action on the case, brought by the appellee, J.W. Tayloe, against the Mayor and Aldermen of Birmingham, to recover damages for personal injuries, alleged to have been inflicted upon the plaintiff, by reason of the negligence of the defendant in allowing the sidewalk of one of its streets to be obstructed. The principal facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Jefferson. Tried before the Hon. H. A. Sharpe. This was an action on the case, brought by the appellee, J.W. Tayloe, against the Mayor and Aldermen of Birmingham, to recover damages for personal injuries, alleged to have been inflicted upon the plaintiff, by reason of the negligence of the defendant in allowing the sidewalk of one of its streets to be obstructed. The principal facts of the case are sufficiently stated in the opinion. As to the introduction of the ordinance enacted by the Mayor and Aldermen of Birmingham, the bill of exceptions states as follows:…
1Opinion of the CourtColeman, J.
The appellee, Tayloe, sued the appellant to recover damages resulting from an obstruction placed and left on the sidewalk of 19th Street, near its intersection with 4th Avenue. The evidence tends to show that as plaintiff was on his way home, about dark or a little after, he collided wish the handles of a large box or tool-chest projecting from the box or chest, which caused him to fall on the sidewalk and resulted in the fracture of his arm. The defendant pleaded the general issue, and contributory negligence. The trial resulted in a verdict for the plaintiff. . Various exceptions were taken…
2Cases cited3 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Bradford v. Mayor of AnnistonSupreme Court of Alabama · 1890
- Barnes v. Common Council of Alexander CitySupreme Court of Alabama · 1889
3Cited by27 opinions
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- City of Montgomery v. FergusonSupreme Court of Alabama · 1922
- Cooper v. Town of Valley HeadSupreme Court of Alabama · 1924
- Walker County v. DavisSupreme Court of Alabama · 1930
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