Smith v. Alabama Water Service Co.

Suit for personal injuries alleged to have been suffered by appellant, as the result of falling into an open meter box, placed by appellee between the curb and the sidewalk at No. 2124 Monroe avenue, in the city of Anniston.

The appeal presents for review the propriety of the court’s ruling in sustaining defendant’s (appellee’s) demurrer to counts 7, 8, 9, 10, 11, and 12 of the amended complaint.' Upon the sustaining of the demurrer to these counts, the plaintiff took a nonsuit, and prosecutes this appeal.

It appears, from the pleading, that appellee was engaged in business as a public service…