Dailey v. City of Birmingham

Plaintiff, William C. Dailey, Jr., appeals from a summary judgment in favor of the defendant, City of Birmingham, in an action by Dailey, for the death of his minor child Alton Charles Dailey. The theory upon which plaintiff seeks recovery is that the City of Birmingham negligently caused the death of his child by undertaking the construction of a protective guardrail, or fence, or barrier, at a storm sewer ditch and not completing that construction, as a consequence of which the child fell into the ditch and drowned. We reverse.

Facts

On 16 August 1976, Alton Charles Dailey, a three year old…