DAILEY v. CITY OF BIRMINGHAM

78-638.

378 So.2d 728 (1979)

William C. DAILEY, Jr. v. CITY OF BIRMINGHAM.

Supreme Court of Alabama.

December 21, 1979.


Attorney(s) appearing for the Case

R. Gordon Pate of Hare, Wynn, Newell & Newton, Birmingham, for appellant.

Milford G. Bass, Jr. of King & King, Birmingham, for appellee.


EMBRY, Justice.

Plaintiff, William C. Dailey, Jr., appeals from a summary judgment in favor of the defendant, City of Birmingham, in an action by Dailey, for the death of his minor child Alton Charles Dailey. The theory upon which plaintiff seeks recovery is that the City of Birmingham negligently caused the death of his child by undertaking the construction of a protective guardrail, or fence, or barrier, at a storm sewer ditch and not completing that construction...

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