Hillman v. City of Anniston

The case is here upon the ruling sustaining plea No. 3 as against apt grounds of demurrer. The complaint and plea No. 3 appear in the report of the case. The one legal question presented on this appeal is: Is a municipal corporation liable under the homicide act for the death of a city convict by wrongful act of the officer or agent guarding and superintending the work of the prisoner in the repair and maintenance of the streets of the c-ity?

As regards the public making use of the streets of a city, it has been the long-declared law of this state that in the maintenance of public streets and…