132 So. 887 | Ala. | 1931
We think that the claim filed substantially complied with the statute. City of Bessemer v. Barnett,
There was no error in refusing defendant's requested charge E. If not otherwise faulty, it hypothesizes the fact of a defect in the sidewalk and "stepping stone" and no defect was proven as to the stepping stone. True, counts 3 and 4 charged a defect in the stepping stone, but these counts were charged out at the defendant's request. Moreover, the defendant got the benefit in substance of this charge as well as its refused charge 1 by its given charges 13 and C.
It is strenuously argued that the defendant was due the affirmative charge because the plaintiff was guilty of contributory negligence upon the theory that if she had kept a proper lookout she would have discovered the defect and she would be negligent in stepping in the hole after she discovered it or, if she did not discover it, she was guilty of negligence in not properly looking where she was going. It is well settled that a person traveling upon a sidewalk or a street at a regular crossing has the legal right to assume that he may proceed with safety. City of Montgomery v. Ross,
Finding no reversible error in the record, the judgment of the circuit court is affirmed.
Affirmed.
GARDNER, BOULDIN, and FOSTER, JJ., concur.