City of Birmingham v. Norwood

The complaint was for damages against the city of Birmingham. It charged that there was an obstruction or stoppage in the city’s sewer, which “was the proximate consequence of said city’s negligence in not exercising reasonable care to keep said city sewer free of stoppage or obstruction.” The other feature -or alternative of the complaint was held .good by the Court of Appeals and petitioner complains that the Court of Appeals was in error in declaring that the alternative averment above copied was defective and subject to demurrer because it failed to allege notice of the alleged…