City of Nashville v. Brown

Sina Belle Brown was riding as a guest of Logan Gaines on the rear seat of his automobile. As he drove over a “dish gutter” across Shelby Avenue in Nashville, she was thrown violently against the top and front seat of the car, and suffered a concussion of the brain, fractures of three vertebrae, and a rupture of the liver.

She brought this suit against the City of Nashville for negligently causing her injuries by creating and maintaining in the street a dangerous condition which ‘ ‘ amounted to a trap or a nuisance. ’ ’ The City pleaded the general issue. It also filed some special pleas,…