City of Montgomery v. Quinn

THOMAS,' Justice.

Suit by a father for the death of his minor child caused by the falling of a rotten limb from 'a tree growing between the sidewalk and the curb stone.

The complaint, in two counts, was directed to the City of Montgomery and the owner of the adjacent property where the tree grew. Count one alleged that the city negligently caused or allowed a rotten limb hanging over the sidewalk to remain on the tree, and the limb fell, causing the injury of which complaint is made. Count two alleged that the rotten limb was a defect in the street, which the city failed to remedy after it had…