Williams v. Birmingham Water Works Co.

THOMAS, Justice.

The error assigned is the granting of a new trial where there was a jury and verdict for plaintiff.

The suit was for p'ersonal injury.

It is contended by plaintiff that defendant caused the hole at its meter box in which plaintiff fell and received his injury, and that the condition so caused had existed for several months. There was conflict in the evidence as to the existence of such dangerous condition, or that defendant’s agents caused it; and as to whether the plaintiff stepped into the hole and sustained the injuries for which he brought suit.

On the trial plaintiff…