City of Birmingham v. Wood

FOSTER, Justice.

This is an action for damages for personal injuries resulting from a fall alleged to have been caused by a defect in the sidewalk.

The counts of the complaint (1, 4 and 6) which were submitted to the jury are thought to he defective by reason of the insufficiency of averment showing that the condition was not reasonably safe for use by the public.

Those counts do make that specific averment, but it is contended that the physical facts alleged are not sufficient predicate to support that averment of an absence of reasonable safety at that location. The physical facts alleged to…