City of Birmingham v. Weston

KNIGHT, Justice.

Suit by plaintiff, appellee, against the defendant, appellant, to recover damages for personal injuries alleged to have been received by her on December 21, 1933, at or near the intersection of Nineteenth street and Twenty-Third Avenue North, in Birmingham, Ala. The injuries consisted of a gunshot wound in the head. The plaintiff was a negro girl, under ten years of age, and was at the time walking along a roadway of said city.

It is averred in counts 7 and 8, the only counts in the complaint at the time the case went to the jury, that the city of Birmingham was, on the day of…