City of Birmingham v. Smith

FOSTER, Justice.

Plaintiff’s intestate was killed on a Sunday morning between 9 and 9:30, traveling east in an automobile on First Avenue North, in Birmingham. This was a paved thoroughfare, very broad (50 feet) and much used in that manner. There was laid in the street a double line of street car tracks. The city had on the day before taken up the old- pavement, extending from the curb on the south side to near the track 14.9 feet, and along the curb east and west 9 feet, on the south side of the street, and had put down new concrete in that space, and piled up the old -stone taken out in a…