Louisville & N.R. Co. v. Stanley

• Decision Date: 23 April 1936
• Docket Number: 6 Div. 943
• Parties: LOUISVILLE & N.R. CO. v. STANLEY.
• Court: Alabama Supreme Court

167 So. 745

232 Ala. 273

LOUISVILLE & N.R. CO. v. STANLEY.

6 Div. 943

Supreme Court of Alabama

April 23, 1936

Rehearing Denied April 30, 1936

Certiorari to Court of Appeals.

Petition of the Louisville & Nashville Railroad Company for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in Louisville & N.R. Co. v Stanley, 167 So. 741.

Writ granted; reversed and remanded.

Eyster & Eyster, of Decatur, and St. John & St. John, of Cullman for petitioner.

Tennis Tidwell, of Decatur, and W. Marvin Scott and H.H. Kinney both of Cullman, for respondent.

ANDERSON Chief Justice.

It seems that the bridge in question was constructed by the defendant railroad company under an ordinance contract with the city of Cullman to construct and maintain same. It is true the bridge is upon the right of way of the defendant, but it is also a component part of the highway of the city of Cullman whose primary duty it is to use reasonable care to keep its said highway in a safe condition. City of Bessemer v. Barnett, 212 Ala. 202, 203, 102 So. 23. And the city cannot relieve itself of liability by a delegation of the authority to another. 13 R.C.L. 335.

We think that the pivotal question in this case is the interpretation of the word "maintain" as used in the ordinance contract, and which said word has a broad and comprehensive meaning.

"Maintain. (§ 1) A. In General. As its structure suggests, 'maintain' signifies literally, to hold by the hand. While it is a word of common use and said to have a well defined meaning, oftentimes its meaning depends upon the intention of the parties and the context of the instrument. It is variously defined as to bear the expense of; to continue; to furnish means for the subsistence or existence of; to hold in an existing state or condition; to hold or preserve in any particular state or condition, to keep from change; to keep from falling, declining, or ceasing, to keep in existence or continuance; to keep in proper condition; to keep in repair; to keep up, to preserve; to preserve from lapse, decline, failure, or cessation; to provide for; to supply with means of support; to supply with what is needed; to support; to sustain; to uphold. Negatively stated, it is defined as not to lose or surrender; not to suffer or fail or decline." 38 Corpus Juris, 334.

We are of the opinion, and so hold that the duty placed upon the defendant was...