Jones v. City of Birmingham, 6 Div. 653

CourtSupreme Court of Alabama
Writing for the CourtMERRILL; LIVINGSTON
Citation284 Ala. 276,224 So.2d 632
PartiesMrs. M. W. JONES, a/k/a Marie Walker Jones v. CITY OF BIRMINGHAM, a Municipal Corporation.
Docket Number6 Div. 653
Decision Date26 June 1969

Page 632

224 So.2d 632
284 Ala. 276
Mrs. M. W. JONES, a/k/a Marie Walker Jones
v.
CITY OF BIRMINGHAM, a Municipal Corporation.
6 Div. 653.
Supreme Court of Alabama.
June 26, 1969.

[284 Ala. 277]

Page 633

Smyer, White, Reid & Acker and William M. Acker, J., and Manly & Manly, Birmingham, for appellant.

Beavers, Shannon, Harrison & Odom, Birmingham, for appellee.

MERRILL, Justice.

This appeal is from a judgment of nonsuit which appellant was forced to take when demurrers were sustained to both counts of her complaint as last amended.

[284 Ala. 278] Appellant initially filed her suit in the Civil Court of Jefferson County claiming damages of $3,000.00, alleging that she sustained a broken arm and other injuries as a proximate result of the negligence of the defendant, City of Birmingham, in failing properly to maintain the sidewalk where she was injured. The demurrer was sustained and the cause dismissed and she appealed to the circuit court. Demurrer was sustained in that court, the counts were amended, demurrers refiled and again sustained, whereupon she took a voluntary nonsuit.

Both counts of the complaint as last amended state that the sidewalk on which appellant was walking when injured extends an entire city block in length over and through Woodrow Wilson Park, a public park owned by the City of Birmingham. The demurrers were sustained in each instance on the ground that the City was protected by its sovereign immunity. Appellant states in brief that she wishes clearly to present the question of sovereign immunity to the trial court without the necessity of special pleas by the City to set up the fact that the sidewalk was in the park.

This identical question was argued in Dixon v. City of Mobile, 280 Ala. 419, 194 So.2d 825, but that case was concluded without deciding the question. It is the sole question here presented.

A municipal corporation is liable for injuries suffered due to defects in sidewalks, streets and public ways, where it has not exercised reasonable care. Tit. 37, § 502, Code 1940; Dixon v. City of Mobile, 280 Ala. 419, 194 So.2d 825; City of Florence v. Stack, 275 Ala. 367, 155 So.2d 324, 1 A.L.R.3d 490.

It is also a well-recognized rule in this state that the maintaining by a municipal corporation of public squares, parks, playgrounds and recreational facilities is a governmental function, and that a city is not liable for injuries which result from the negligent operation of the same. Williams v. City of Birmingham, 219 Ala. 19, 121 So. 14; City of Decatur v. Parham, 268 Ala. 585, 109 So.2d 692; Parr v. City of...

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7 practice notes
  • Jackson v. City of Florence
    • United States
    • Supreme Court of Alabama
    • July 10, 1975
    ...of closing 'public squares, parks, playgrounds and recreational facilities (all governmental functions, Jones v. City of Birmingham, 284 Ala. 276, 224 So.2d 632), reducing other public services and hunting funds to pay additional and higher insurance premiums. It seems to me that some warni......
  • City of Tallassee v. Harris
    • United States
    • Supreme Court of Alabama
    • April 1, 1983
    ...for twenty years. Sam Raine Const. Co., Inc. v. Lakeview Estates, 407 So.2d 542, 544 (Ala.1981). See also Jones v. City of Birmingham, 284 Ala. 276, 279, 224 So.2d 632, 634 (1969). According to the testimony given at the trial, Alber Alley was conveyed by Mt. Vernon Mills to the city on Oct......
  • Powell v. Hopkins, 4 Div. 417
    • United States
    • Supreme Court of Alabama
    • May 11, 1972
    ...with acceptance by the proper authorities, or (3) the way is generally used by the public for twenty years. Jones v. City of Birmingham, 284 Ala. 276, 224 So.2d It is the character rather than the quantum of use that controls in determining whether a way is public or private. Liberty Nation......
  • Ex parte City of Gulf Shores, 1200366
    • United States
    • Supreme Court of Alabama
    • September 30, 2021
    ...to maintain a paved walkway in a public zoo. Justice Bloodworth also stated that he would have overruled Jones v. City of Birmingham, 284 Ala. 276, 224 So.2d 632 (1969), which also involved a fall in a public park; the Court in Brasher acknowledged that the Court in Walker had in fact overr......
  • Request a trial to view additional results
7 cases
  • Jackson v. City of Florence
    • United States
    • Supreme Court of Alabama
    • July 10, 1975
    ...of closing 'public squares, parks, playgrounds and recreational facilities (all governmental functions, Jones v. City of Birmingham, 284 Ala. 276, 224 So.2d 632), reducing other public services and hunting funds to pay additional and higher insurance premiums. It seems to me that some warni......
  • City of Tallassee v. Harris
    • United States
    • Supreme Court of Alabama
    • April 1, 1983
    ...for twenty years. Sam Raine Const. Co., Inc. v. Lakeview Estates, 407 So.2d 542, 544 (Ala.1981). See also Jones v. City of Birmingham, 284 Ala. 276, 279, 224 So.2d 632, 634 (1969). According to the testimony given at the trial, Alber Alley was conveyed by Mt. Vernon Mills to the city on Oct......
  • Powell v. Hopkins, 4 Div. 417
    • United States
    • Supreme Court of Alabama
    • May 11, 1972
    ...with acceptance by the proper authorities, or (3) the way is generally used by the public for twenty years. Jones v. City of Birmingham, 284 Ala. 276, 224 So.2d It is the character rather than the quantum of use that controls in determining whether a way is public or private. Liberty Nation......
  • Ex parte City of Gulf Shores, 1200366
    • United States
    • Supreme Court of Alabama
    • September 30, 2021
    ...to maintain a paved walkway in a public zoo. Justice Bloodworth also stated that he would have overruled Jones v. City of Birmingham, 284 Ala. 276, 224 So.2d 632 (1969), which also involved a fall in a public park; the Court in Brasher acknowledged that the Court in Walker had in fact overr......
  • Request a trial to view additional results

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