City of Birmingham v. Mauzey

The statement of the case contains count 1 of the complaint. With minor variations counts 2 and 3 alleged plaintiff’s (appellee’s) cause of action substantially as in count 1. Defendant complains that the declaration did not adequately inform it as to the location of the drainage ' sewer opening into which she fell. We think that reference to the complaint will refute this ground of demurrer. Nor was the complaint demurrable on other grounds. Defendant insists that it would impose upon it a duty not exacted by law, because it avers that “said drainage sewer was without bars, ' grating, or…