City of Birmingham v. Jackson

BROWN, Justice.

This is an action of trespass on the case by the appellees against the appellant for the negligent maintenance of a “permanent culvert * * * constructed and maintained as a part of the permanent public highway designated and known as 24th Street, North,” in the city of Birmingham, inadequate to take care of surface water in times of rainfall, as a proximate consequence of which “said water backed up and flowed on, and overflowed upon plaintiffs’ said property,” greatly depreciating its value.

This case is a companion of the case of City of Birmingham v. Flowers, 224 Ala. 279,…