City Council v. Shirley
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Eliza Shirley against the city of Montgomery for damages for injuries received on account of a defective bridge. Judgment for plaintiff in the sum of $3,000.00, and defendant appeals.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by Eliza Shirley against the city of Montgomery for damages for injuries received on account of a defective bridge. Judgment for plaintiff in the sum of $3,000.00, and defendant appeals. The court should have stayed the proceedings until the costs in the former suit had been paid. — Hamilton v. Maxicell, 119 Ala. 23. The court erred in overruling the demurrers to the complaint. — Schroder v. Colbert County. 66 Ala. 137; Barrett v. City of Mobile, 129 Ala. 179; Sees. 1 and 2, Acts 1907, p. 791. The court erred in…
1Opinion of the CourtMcCLELLAN, J.
The action is for damages for an injury suffered on . account of a defect in a bridge in a public street, which the municipality was bound to keep in repair. Plea 1 proceeds on the theory that the method for the presentation of this claim should have been as is provided in the Municipal Code (Acts 1907, pp. 790 et seq.), a method different from that prescribed in the charter of the city of Montgomery and pursued in this instance. The injury was suffered in August, 1907. *242We have held that the Municipal Code did not go into effect, except as its operation was accelerated under section 199 of…
2Cases cited7 opinions
- Dowling v. StateSupreme Court of Alabama · 1907
- Moody v. KeenerSupreme Court of Alabama · 1838
- Ward v. State ex rel. ParkerSupreme Court of Alabama · 1908
- Smith v. ElrodSupreme Court of Alabama · 1898
- Toulmin v. LesesneSupreme Court of Alabama · 1841
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3Cited by5 opinions
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
- Brown v. Lowndes CountySupreme Court of Alabama · 1918
- Hunnicutt Lumber Co. v. Mobile & Ohio R. R.Alabama Court of Appeals · 1911
- Citizens Ins. Co. v. MathisSupreme Court of Alabama · 1936
- Peinhardt v. BonnerSupreme Court of Alabama · 1936