Alabama Power Co. v. McGehee

BROWN, Justice.

This is an action on the case to recover damages for injuries inflicted on the plaintiff’s person, resulting from the overturning •of an automobile in which he was riding, returning from Anderson’s Camp to Montgomery along a public highway “known as the old Birmingham Highway.”

The first count of the complaint ascribes plaintiff’s injuries to the negligence of the defendant’s agents, servants, or employees, acting within the scope of their employment “in negligently excavating across said road, or public highway aforesaid, a hole of a width of about five feet and of great…