King v. City of Birmingham

This is an action for damages instituted by appellant for injuries received in falling on a sidewalk of the city of Birmingham, in the nighttime, cause by a water pipe extending across said sidewalk. The pipe supplied water to the property of defendant Henderson from the “main” of the Birmingham Water Works Company in and under the adjacent street; said defendant owned the property adjoining said street and sidewalk over which said pipe extended.

The trial was had upon counts 1 and 4 of the complaint, as amended.

Count 4 alleged, in substance, that the injuries of the plaintiff were caused and…