Housing Authority of Birmingham Dist. v. Morris

BROWN, Justice.

Trespass on the case by the tenant against the landlord claiming damages for personal injuries received by the plaintiff on November 12, 1941, while using the commode installed in the bathroom of the apartment leased to the plaintiff and his wife by defendant, for family use, and while in the occupancy thereof.

The complaint, as it went to the jury, consists of three counts. Count A ascribes plaintiff’s injury and damage to the negligence of the agents or servants of the defendant while acting within the scope of their employment in the maintenance of the water system supplying…