Mason v. Carroll

MERRILL, Justice.

Plaintiff took a nonsuit after the demurrer to Count X of the complaint was sustained and appealed.

Plaintiff, seeking damages for the wrongful death of her thirteen year old daughter, alleged that “the Defendants entered into an agreement with the City of Birmingham, a municipal corporation, a copy of which agreement is attached hereto as Exhibit A and incorporated herein and made a part hereof as if set forth herein in its entirety.

“Now Plaintiff avers that the Defendants negligently conducted themselves in the exercise of the license granted in the above and foregoing…