City of Birmingham v. Latham

GARDNER, Justice.

Plaintiff’s intestate was employed by the city of Birmingham as one of the guards for the prisoners, and received a fatal injury while on defendant’s truck, driven by one Edwards, also in the employ of the city, and while standing erect guarding some eighteen prisoners who were seated on the truck which had no sides. Deceased was 6 feet tall, and the truck floor some 3 feet from the ground. He was standing with his back to the cab, and facing the prisoners, when, in passing under the viaduct at Twenty-first street and on Avenue A, his head contacted the concrete surface of…