Goodwyn v. Gibson

BROWN, Justice.

This is an action on the case by an infant, eleven years of age, against the defendants, construction contractors, for negligently -leaving on Elm street, a public street, in the city of Troy, Ala., an obstruction “in such a manner as to make it dangerous for pedestrians, or other persons passing along or across said street.”

The single count in the complaint avers that: “While the plaintiff, William Gibson, was passing along said Elm Street as a bicyclist, it became -necessary for him to evade being hit by an automobile driven by a person unknown to the plaintiff, who was…