City of Birmingham v. Jeff

ANDERSON, Chief Justice.

The sole question presented for our review is the soundness of the opinion of the Court of Appeals in the holding that the variance between the statutory notice or demand as to the location of the defect causing the plaintiff’s injury and the proof of a different place was not fatal to a recovery and did not constitute a reversal of the judgment of the trial court.

This case is identical in principle and quite similar in facts to the case of Brannon v. City of Birmingham, 177 Ala. 419, 59 So. 63, as they both relate to injuries sustained because of defects in a street…