Helms v. Houston County

The plaintiff’s intestate, while driving a wagon on a public highway, was killed by “a dead or dangerous tree” falling across the highway and striking him, and the complaint alleges:

“That the proximate cause of the death of her said intestate was the wrongful act, omission, and negligence of the board of revenue of Houston county, Ala., in not having said dead and dangerous tree cut down, and thereby making said public highway safe for travel.”

The demurrers to the complaint, taking the point that the complaint does not state a cause of action against the defendant, were sustained, and because…