City of Birmingham v. Lynch

There were several counts declaring for damages on the several assignments of personal and property injuries. All counts, except G, were subject to demurrer for failure of observance of statutory notice to be given and proven in such actions against a municipality. City of Birmingham v. Jeff, 236 Ala. 540, 184 So. 281; Brannon v. City of Birmingham, 177 Ala. 419, 59 So. 63. All counts were submitted to the jury and there was a general verdict for the plaintiff.

If there was evidence to support count G, the verdict may be referred to that count. Such are the decisions of the Court of Appeals by…