Pankey v. City of Mobile

BROWN, Justice.

This is an action on the case by appellant against appellee to recover damages for personal injuries suffered by the plaintiff in consequence of plaintiff falling into or over a deep crack or fissure in the sidewalk on Jefferson Street in the City of Mobile which, as averred in the complaint, defendant negligently caused or allowed to be and remain in said sidewalk.

The defendant pleaded the general issue “not guilty” and contributory negligence. The plea of contributory negligence avers that, “at the time of the alleged fall and at the place set out in the complaint, and im- ■…