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JACKS v. CITY OF BIRMINGHAM

6 Div. 209.

105 So.2d 121 (1958)

Katie JACKS v. CITY OF BIRMINGHAM.

Supreme Court of Alabama.

Rehearing Denied September 25, 1958.

Attorney(s) appearing for the Case

Hal W. Howard and D. G. Ewing, Birmingham, for appellant.

Shannon & Conerly, Sam R. Shannon, Jr., Birmingham, for appellee.

LAWSON, Justice.

Mrs. Katie Jacks sued the City of Birmingham to recover damages for personal injuries which she sustained on the morning of November 27, 1953, as a result of a fall into a ditch operated and maintained by the city for the purpose of draining surface waters.

To the amended complaint charging it with negligence, the city pleaded the general issue and contributory negligence in short by consent.

There was jury verdict in favor of the...

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