City of Birmingham v. Goolsby

BROWN, Justice.

This is an action by the appellee against the appellant for negligent maintenance by the defendant of its sanitary sewerage system, in consequence of which foul and noxious sewage water from said system was caused to back up and flow through the bathroom in plaintiff’s home; and is a companion of the case of City of Birmingham v. Greer, 220 Ala. 678, 126 So. 859.

The suit was commenced on April 20, 1927, against the appellant, city of Birmingham, and the county of Jefferson, and the summons and complaint was served, according to the return of the sheriff indorsed thereon, “on…