City of Birhingham v. Comer

BOULDIN, Justice.

Action for personal injuries to a pedestrian laid to the negligence of the city’s servants in the maintenance of the sidewalk.

The cause was tried on Count 2 of the complaint to which demurrers were interposed and overruled. This ruling is presented for review.

The pertinent averments of the count are:

While walking on a public sidewalk at a designated point, “Plaintiff was caused to fall into a chasm, gorge or hole, at the end of the wide part of said sidewalk, and that said chasm, gorge or hole at the end of the wide part of said sidewalk was abutting upon, and in close…