Town of Cullman v. McMinn

CourtSupreme Court of Alabama
Writing for the CourtBRICKELL, C.J.
Citation19 So. 981,109 Ala. 614
Decision Date16 April 1896
PartiesTOWN OF CULLMAN v. MCMINN.

19 So. 981

109 Ala. 614

TOWN OF CULLMAN
v.
MCMINN.

Supreme Court of Alabama

April 16, 1896


Appeal from circuit court, Cullman county; H. C. Speake, Judge.

Action by C. R. McMinn against the town of Cullman. There was a judgment for plaintiff, and defendant appeals. Reversed.

This action was brought by the appellee, Charles R. McMinn, against the town of Cullman, a municipal corporation, to recover damages alleged to have been sustained by the plaintiff while crossing a bridge, within the corporate limits of the defendant, which was out of repair. The rulings of the court upon the pleadings are sufficiently shown in the opinion. It is not deemed necessary to set out in detail the facts as shown by the bill of exceptions. There was some evidence tending to show that plaintiff rode over the bridge faster than a walk, and there was introduced in evidence an ordinance of the defendant prohibiting a person driving over a bridge faster than a walk. Among the written charges requested by the defendant, to the refusal to give each of which it separately excepted, were the following: (6) "The court charges the jury that if they find, from the evidence, that plaintiff rode over said bridge faster than a walk, then so riding is negligence by itself on his part." (12) "The court charges the jury, at the request of the defendant, that if they believe, from the evidence, that there was, at the time of the injury complained of, an ordinance of the town of Cullman, duly adopted and ordained, providing that no person shall ride or drive over any bridge in the town limits faster than a walk, and if they further believe, from the evidence, that the plaintiff, when injured, was riding over the bridge faster than a walk, then the jury must find a verdict for the defendant." There was judgment for the plaintiff, assessing his damages at $135. The defendant appeals from this judgment, and makes 50 assignments of error, calling in question the several rulings of the trial court to which exceptions were reserved.

Geo. H. Parker and Will G. Brown, for appellant.

BRICKELL, C.J.

The liability of municipal corporations for injuries to persons lawfully using the streets, caused by defects or obstructions therein, springs from the duty, imposed upon them by law, to keep the streets in a safe condition for public use. It is said by Judge Dillon: "Where the duty to keep its streets in safe condition rests upon the corporation, it is liable for injuries...

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18 practice notes
  • City of Montgomery v. Quinn, 3 Div. 416.
    • United States
    • Supreme Court of Alabama
    • October 19, 1944
    ...that the defect [19 So.2d 537.] ought to have been known and remedied, is essential to liability. [Town of] Cullman v. McMinn, supra [109 Ala. 614, 19 So. 981]; [City Council of] Montgomery v. Wright, 72 Ala. 411, 47 Am.Rep. 422." As to notice of the defect, the attorney for appellant insis......
  • Kibbe v. Scholes, 6 Div. 227.
    • United States
    • Supreme Court of Alabama
    • June 13, 1929
    ...the averment condemned in Bank of Luverne v. Birmingham Fertilizer Co., 143 Ala. 153, 39 So. 126. See, also, Town of Cullman v. McMinn, 109 Ala. 614, 19 So. 981. In McKee v. West, 141 Ala. 531, 532, 37 So. 740, 741 (109 Am. St. Rep. 54) the plea approved alleged as facts: "That on the 28th ......
  • Atlantic Coast Line R. Co. v. Kelly, 4 Div. 446
    • United States
    • Alabama Court of Appeals
    • January 22, 1918
    ...non laedas,' and until injurious consequences result from the nuisance the cause of action does not arise." The case of Cullman v. McMinn, 109 Ala. 614, 19 So. 981, cited and relied upon by appellee's counsel as decisive of the question here under discussion, has no application. It is true ......
  • City of Prichard v. Kelley
    • United States
    • Supreme Court of Alabama
    • May 30, 1980
    ...Mayor & Aldermen of Huntsville, 60 Ala. 486 (1877); City Council of Montgomery v. Wright, 72 Ala. 411 (1882); Town of Cullman v. McMinn, 109 Ala. 614, 19 So. 981 (1895). It was the affirmative duty expressed in these cases which later formulated the basis and substance of § 11-47-190. Once ......
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18 cases
  • City of Montgomery v. Quinn, 3 Div. 416.
    • United States
    • Supreme Court of Alabama
    • October 19, 1944
    ...that the defect [19 So.2d 537.] ought to have been known and remedied, is essential to liability. [Town of] Cullman v. McMinn, supra [109 Ala. 614, 19 So. 981]; [City Council of] Montgomery v. Wright, 72 Ala. 411, 47 Am.Rep. 422." As to notice of the defect, the attorney for appellant insis......
  • Kibbe v. Scholes, 6 Div. 227.
    • United States
    • Supreme Court of Alabama
    • June 13, 1929
    ...the averment condemned in Bank of Luverne v. Birmingham Fertilizer Co., 143 Ala. 153, 39 So. 126. See, also, Town of Cullman v. McMinn, 109 Ala. 614, 19 So. 981. In McKee v. West, 141 Ala. 531, 532, 37 So. 740, 741 (109 Am. St. Rep. 54) the plea approved alleged as facts: "That on the 28th ......
  • Atlantic Coast Line R. Co. v. Kelly, 4 Div. 446
    • United States
    • Alabama Court of Appeals
    • January 22, 1918
    ...non laedas,' and until injurious consequences result from the nuisance the cause of action does not arise." The case of Cullman v. McMinn, 109 Ala. 614, 19 So. 981, cited and relied upon by appellee's counsel as decisive of the question here under discussion, has no application. It is true ......
  • City of Prichard v. Kelley
    • United States
    • Supreme Court of Alabama
    • May 30, 1980
    ...Mayor & Aldermen of Huntsville, 60 Ala. 486 (1877); City Council of Montgomery v. Wright, 72 Ala. 411 (1882); Town of Cullman v. McMinn, 109 Ala. 614, 19 So. 981 (1895). It was the affirmative duty expressed in these cases which later formulated the basis and substance of § 11-47-190. Once ......
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