City of Birmingham v. State

BOULDIN, Justice.

Action against a city for personal injuries resulting from negligence in maintaining a public sidewalk.

Amended count 2, on which the cause was tried, alleged that plaintiff was walking on and along the sidewalk, part of a public highway in the city.

This was the use for which sidewalks are made, and discloses a duty of the city to maintain same in a reasonably safe condition for the use of pedestrians.

The count then charges that while plaintiff was walking on and along the sidewalk at a designated point, “she fell into a hole, depression or excavation in said sidewalk, which…