Williams v. Wise

FOSTER, Justice.

This is a suit for damages for injuries received by appellee in stepping into a hole in a public street of Elba.

Appellant, against whom the judgment was rendered, was acting under what might be termed a subcontract for the improve-, ment of the street in question. The original contract was between the city of Elba and Harbert and Cargile, Inc., in May 1948. It included street paving and storm sewers.

There was an informal agreement made between appellant and Harbert and Cargile, by which appellant was to do the “grading, drainage, curb and gutter, pipe work and base, and they…