Eason v. City of Huntsville
Eason v. City of Huntsville
Opinion
Question: Did Jackson v. City of Florence,
The appellant mistakenly argues that the abolition of municipal immunities by this Court was based upon constitutional considerations. A close examination of Jackson shows that the Court did not abolish Title 37, §§ 502 et seq., Code, as unconstitutional; rather, the Court reinterpreted the legislature's intent in its passage of these provisions.
We are constrained at this time from reviewing our holding inJackson. Suffice it to say that Title 37, § 504, Code, when uniformly and equally applied, is applicable and constitutional; and the filing of suit within the six-month period following the incident made the basis of the action does not constitute a compliance with the notice provisions of the statute. Dixon v. City of Mobile,
AFFIRMED.
TORBERT, C.J., and BLOODWORTH, FAULKNER, ALMON, SHORES, EMBRY and BEATTY, JJ., concur.
MADDOX, J., not sitting.
Reference
- Full Case Name
- Lola Eason v. the City of Huntsville, Alabama
- Cited By
- 5 cases
- Status
- Published