Parr v. City of Birmingham

MERRILL, Justice.

Appellant, a minor suing by next friend, sought damages against the City of Birmingham for injuries sustained when a wrought iron plaque fell on and broke his leg while he was in the Birmingham Art Museum which is located in the City Hall. The demurrer to appellant’s complaint was sustained; he took an involuntary non suit because of the adverse ruling of the court and has appealed.

The real question before us is whether the operation of the museum by the City of Birmingham is a corporate act or an act in the exercise of a governmental function.

The statute authorizing museums…