Mathis v. City of Dothan

This is an appeal by the plaintiff from a judgment of nonsuit taken by him with leave to review the judgment of the trial court in sustaining demurrer to the complaint.

The suit was filed under authority of section 119, Title 7, Code of 1940, by the father for the death of his minor child alleged to *532have been caused by the wrongful act, omission or negligence of the City of Dothan and by its named employee.

The complaint is in two counts, both of which allege that the City of Dothan owned and operated a recreational center for the benefit of Negroes, which was open to’ the use of the Negro…