City of Montgomery v. Ferguson

Appellee, a young man 18 years of age, enlisted in the army, and in January, 1921, while en route to the aviation camp, at which he had been stationed, fell into a railroad cut, which crosses the highway in the city of Montgomery known as Bell street. Upon filing claim with the city authorities, the name of the receiver of the Montgomery Light & Traction Company was furnished to the plaintiff by the city, and such receiver was joined as a defendant in the suit.

There is a bridge across this cut, but its width does not equal that of the street, leaving a space of about 4 feet between the street…