McDougall v. City of Birmingham

This is an action by an infant of tender years, to wit, four years, suing by its mother as next friend for an alleged injury due to an alleged negligent defect in the streets of the city. The court sustained demurrers to the complaint, appellant declined to plead further, and judgment was awarded defendant.

Appellant contends that the judgment was erroneous as to counts 2 and 3, but does not contend for error as to count 1. From the argument of counsel it appears that the only defect in counts 2 and 3 claimed is that the statement filed with the city (as required by section 12 of the Acts of…