City of Montgomery v. Jones

LAWSON, Justice.

This suit was filed in the Circuit Court of Montgomery County by Nellie Jones against the City of Montgomery and D. H. Hammond, doing business as Hammond Heating &. Plumbing Company, to recover damages for personal injuries which plaintiff sustained when she stepped into a hole in a sidewalk.

Plaintiff's amended complaint consisted of two counts, A and B. In Count A the plaintiff charged each defendant with creating the hole in the sidewalk. In Count B plaintiff charged defendant Hammond with creating the hole and defendant City with failing to remedy it after notice or after…