City of Birmingham v. Young

Action on the case by appellee against appellant for personal injuries alleged to have been received in consequence of an automobile in which she was riding, “running or falling into an open ditch,” in the intersection of Division Avenue and 65th Street, in the City of Birmingham, resulting in a verdict and judgment for the plaintiff.

The gravamen of the complaint is negligence on the part of the defendant in “permitting said open ditch to be or remain in said highway,” and is predicated on the last clause of Section 502, Tit. 37, Code 1940, which, so far as here pertinent, provides: “No city…