Barbour County v. Horn
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before Hon. J. McCaleb Wiley. This was an action commenced by appellee, against Barbour county, to recover damages for a fall from a public bridge, &c.
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Appeal from the Circuit Court of Barbour. Tried before Hon. J. McCaleb Wiley. This was an action commenced by appellee, against Barbour county, to recover damages for a fall from a public bridge, &c. The plaintiff in his complaint claimed $20,000 damages for injuries sustained by him, (which injuries are particularly set out,) which it is alleged resulted “ directly and immediately from his fall from a certain bridge across Lick creek, in Barbour county, Alabama, which bridge, more than six years before said fall occurred, had been built and completed by contract with the court of county…
1Opinion of the CourtPeters, J.
Counties, in our system of government, are not the same that they were at common law. They are purely statutory creations, and are incorporated for special purposes. Their liabilities grow out of their corporate powers, and for wrongs committed in the use or misuse of these powers, they are subject to be sued.—Rev. Code, § 897; Autauga County v. Davis, 32 Ala. 703. But the weight of authority and principle are opposed to subjecting them to any common law liabilities.—Russell et al. v. County of Devon, 2 Term R. 667; Mitchell v. Tallapoosa County, 30 Ala. 130; Van Eppes v. County Commissioners…
2Cases cited15 opinions
- Smoot v. Mayor of WetumpkaSupreme Court of Alabama · 1854
- McClung's Ex'rs v. SpotswoodSupreme Court of Alabama · 1851
- Autauga County v. DavisSupreme Court of Alabama · 1858
- Gregory v. WalkerSupreme Court of Alabama · 1861
- Covington County v. KinneySupreme Court of Alabama · 1871
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3Cited by6 opinions
- State Docks Commission v. BarnesSupreme Court of Alabama · 1932
- Laney v. Jefferson CountySupreme Court of Alabama · 1947
- City of Montgomery v. RossSupreme Court of Alabama · 1916
- Ensley Motor Car Co. v. O'RearSupreme Court of Alabama · 1916
- Hovater v. Franklin CountySupreme Court of Alabama · 1928
1 more not listed; retrieve them via the Exa API.