Long v. City of Birmingham
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by W. T. Long, a fireman, against the mayor and aldermen of the city of Birmingham, for damages for injuries sustained in falling from an extension ladder while in the performance of his duty. Judgment for defendant and plaintiff appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by W. T. Long, a fireman, against the mayor and aldermen of the city of Birmingham, for damages for injuries sustained in falling from an extension ladder while in the performance of his duty. Judgment for defendant and plaintiff appeals. The charter of the city is judicially noticed. — -Mayor of Wetumpka v. Wharf Go., 63 Ala. 611. Matters of judicial knowledge need not he stated in the pleadings. — 12 Ency. P. & P. 1. The main question in this case is whether or not a municipal corporation (is liable in damages to its…
1Opinion of the CourtSayre, J.
The appellant was injured by falling from an extension ladder while in the performance of his duties as a fireman for the city of Birmingham. The complaint asserts the liability of the defendant corporation ; several counts proceeding upon various sections of the employer’s liability act, and others upon supposed derelictions of the city in furnishing to the appellant a safe place or safe instrumentalities in which and with which to perform his duties as a. fireman. The court below sustained a demurrer to the complaint, which went upon the fundamental ground that in furnishing fire apparatus…
2Cases cited18 opinions
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- Hayes v. City of OshkoshWisconsin Supreme Court · 1873
- Brinkmeyer v. City of EvansvilleIndiana Supreme Court · 1867
- Wilcox v. City of ChicagoIllinois Supreme Court · 1883
- Smith v. . City of RochesterNew York Court of Appeals · 1879
13 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- City of Mobile v. HavardSupreme Court of Alabama · 1972
- Hillman v. City of AnnistonSupreme Court of Alabama · 1926
- Harrington v. Town of GreenvilleSupreme Court of North Carolina · 1912
- City of Hattiesburg v. GeigorMississippi Supreme Court · 1918
- State Ex Rel. Hyland v. BaumhauerSupreme Court of Alabama · 1942
18 more not listed; retrieve them via the Exa API.