Cooper v. City of Fairhope

STAKELY, Justice.

Austin A. Cooper as administrator of the ■estate of James W. Cooper, deceased (appellant), brought this suit against the City ■of Fairhope, a municipal corporation (appellee), to recover damages for the “alleged neglect, carelessness or failure to remedy a ■defect in one of the streets of the city after the same had been called to the attention of the Council of the City of Fairhope or after the same had existed for such an unreasonable length of time as to raise a presumption of knowledge thereof on the part of :said Council.” The court sustained the demurrer to the…