Houts v. City of Birmingham

MERRILL, Justice.

Appellant took a voluntary nonsuit and appealed when the trial court sustained a demurrer to her complaint as last amended.

Appellant’s complaint as last amended charged the defendant city with negligence in allowing an unlocked and unguarded metal gate to swing into a public roadway as a proximate result of which appellant collided with the metal gate, which penetrated the windshield of appellant’s automobile and exited therefrom by the rear window on the opposite side of the car.

The complaint shows that appellee is a municipal corporation and that a claim was timely and…