City of Bessemer v. Clowdus

This is an appeal from a judgment in favor of appellee as administratrix of the estate of H. W. Martin, deceased, against appellant for damages as the result of negligently causing decedent’s death.

The negligence claimed was in allowing a defective and dangerous condition (a ditch) to remain in a public street of the city, into which plaintiff’s intestate fell and caused his death. The street at that point was Fourth Avenue, extending westerly toward Tuscaloosa from Bessemer, and was one of the main arteries of travel, being federal highway No. 11. The street was eighty feet wide, the center…