Birmingham Electric Co. v. Shephard

Plaintiff, appellee, 60 years of age, was a passenger on defendant’s electric trolley car. Her destination was Sixty-Eighth street and Sloss avenue. At that point the car line ran along Sixty-Eighth street. The street, outside of that part of it which defendant was under duty to pave and had paved, had been excavated preparatory to paving and was rough and muddy. When the car stopped at Sloss avenue, plaintiff, intending to alight, got as far as the bottom step of the car, when, observing the condition of the street and that its surface was, as she judged, too far below the step for a safe…