SIMPSON, Justice.
The appellee sued the City of Gadsden and an individual defendant who was later charged out of the case by the trial court, seeking to recover for damages to his automobile which occurred when, according to the testimony of the driver, appellee's automobile struck a portion of a public street in Gadsden which gave way under the weight of the automobile causing it to swerve across the street into the path of the individual defendant, whose automobile...
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