City of Birmingham v. White

BOULDIN, Justice.

Mrs. Mazie White sued the City of Birmingham for damages for personal injuries received in a fall while walking on a public street; negligence in construction or maintenance of the street' being the basis of the action. J. W. White, her husband, also sued for the damages recoverable by a husband in such case. The cases were tried together on the same evidence touching the issue of actionable negligence There was verdict for defendant. Motions for a new trial were granted on specified grounds only.

These grounds were the giving of written charges 10 and 11, and each of them, at…