Carter v. Walker
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Mittie Carter against James Walker for damages for personal injury caused by an obstruction across an alleged public highway. Judgment for defendant and plaintiff appeals.. The first inquiry is what is a public road and how is a public road established.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Mittie Carter against James Walker for damages for personal injury caused by an obstruction across an alleged public highway. Judgment for defendant and plaintiff appeals.. The first inquiry is what is a public road and how is a public road established. The question is answered by the following authorities. — 37 Cyc. 17, 18 and 21; Rosser v. Bunn, 66 Ala. 89; Jesse-F. Go. v. Forbes, 29 South. 683; Godhran v. Percy, 152 Ala. 354; Wes. Ry. v. Ala. G. T. Go., 96 Ala. 272, and authorities cited. Under these authorities,…
1Opinion of the Court
SOMERVILLE, J. —
The plaintiff sues on account of personal injuries caused by a wire which defendant stretched across a certain alleged public highway.
There was abundant evidence to show that the way in question had been used by the general public continuously and under claim of right for more than 20 years, and the evidence to this effect would have been sufficient to support a finding by the jury that the way had become a public highway by prescription, as against the owner of the land’.—Rosser v. Bunn, 66 Ala. 89; West. Ry. of Ala. v. A. G. T. R. R. Co., 96 Ala. 272, 11 South. 483, 17 L. R.…
2Cases cited13 opinions
- City of Chicago v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1894
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- United States v. ChavezSupreme Court of the United States · 1899
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- Harper v. StateSupreme Court of Alabama · 1895
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3Cited by14 opinions
- McIntyre v. Board of County CommissionersSupreme Court of Colorado · 2004
- Locklin v. TuckerSupreme Court of Alabama · 1922
- Still v. LoveladySupreme Court of Alabama · 1928
- Caruth v. GillespieMississippi Supreme Court · 1915
- Territory of Hawaii v. Hutchinson Sugar Plantation Co.Court of Appeals for the Ninth Circuit · 1921
9 more not listed; retrieve them via the Exa API.