City of Birmingham v. Poole
Supreme Court of Alabama
Damage for Injury' From Defective Streets. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by H. C. Pool against the City of Birmingham. From a judgment for plaintiff, defendant appeals.
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Damage for Injury' From Defective Streets. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by H. C. Pool against the City of Birmingham. From a judgment for plaintiff, defendant appeals. The first count alleges that the ditch or excavation which proximately caused the damage was made in said street and with the knowledge of the defendant, .and that defendant had knowledge of the danger and defective condition of said street at the time of plaintiff's said injury, and defendant negligently failed to have said street put in reasonably safe condition. The second count…
1Opinion of the CourtAnderson, J.
The counts of the complaint either aver that, the defendant affirmatively caused the ditch to be made, or negligently-permitted it to remain open. If it caused it to be made, then it had notice of its existence. On the other hand, whether it caused it to- be made or not, but negligently permitted it to be there, the *180averment that it did so negligently permit it to be in the street is the equivalent of averring notice of the defect. — Lord v. City of Mobile, 113 Ala. 360, 21 South. 366; Ensley v. Smith, 51 South. 343; City of Anniston v. Ivey, 151 Ala. 392, 44 South. 48. The complaint was not…
2Cases cited6 opinions
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Lord v. City of MobileSupreme Court of Alabama · 1896
- Louisville & Nashville Railroad v. SandlinSupreme Court of Alabama · 1899
- City of Anniston v. IveySupreme Court of Alabama · 1907
- City of Ensley v. SmithSupreme Court of Alabama · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Carraway v. GrahamSupreme Court of Alabama · 1928
- Walker County v. DavisSupreme Court of Alabama · 1930
- Little v. SuggSupreme Court of Alabama · 1942
- City of Birmingham v. NorwoodSupreme Court of Alabama · 1930
- Peters v. StateSupreme Court of Alabama · 1941
12 more not listed; retrieve them via the Exa API.