City of Birmingham v. Monette

Two actions were tried together, resulting in a judgment for plaintiffs in both. Defendant has appealed in them, and they are submitted on one record. They grow out of personal injuries sustained by Mrs. Monette, and she and her husband separately are the plaintiffs in the two actions.

The injuries occurred at the intersection of an alley with the east side of Twelfth Street, South, in Birmingham. The sidewalk sloped toward the north at a grade of about five and one-half percent as it reached the alley intersection. The intersection was about ten feet wide, paved with paving brick on edge,…