City of Birmingham v. Shirley

The appeal is on the record, without bill of exceptions. The plaintiff,. appellee, was awarded judgment for personal injuries resulting from his stepping or falling from a “sidewalk” into a “hole or cut” immediately adjacent to or attinging the “sidewalk.” The case was submitted to the jury on the averments of count 5. The main insistence for error is rested upon the action of the court in overruling demurrer to count 5.,

A condition to the right to sue a municipality of the class to which Birmingham belongs is that, within 90 days “from the receipt of” injury, the party injured shall file…