BAILEY v. CITY OF MOBILE

S.C. 619.

296 So.2d 149 (1974)

Elmer BAILEY v. The CITY OF MOBILE, a municipal corporation.

Supreme Court of Alabama.

May 30, 1974.


Attorney(s) appearing for the Case

Howell, Johnston, Langford, Finkbohner & Lawler, Mobile, for appellant.

William H. Brigham, Mobile, for appellee.


MERRILL, Justice.

Appellant took a nonsuit and appealed after demurrer had been sustained to the complaint a third time. We affirm.

The suit was filed September 11, 1967, seeking $200,000.00 damages for fatal injuries to plaintiff's minor son and daughter, and it was alleged that the defendant, City of Mobile, negligently maintained a public drainage ditch so as to allow children to fall into it and drown. Demurrer was sustained December 21, 1967. The complaint...

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