First National Bank Birmingham v. Lillian
AL.138 , 81 So. 2d 284, 36 (1955)(263 Ala)
Supreme Court of Alabama
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LIVINGSTON, Chief Justice. The two cases before us were consolidated for trial in the circuit court and will here be treated
together on appeal. Each case was tried upon a simple negligence count. The cases were tried on plaintiffs' amended complaints. The amended complaints
in each instance allege that on May 27, 1950, defendant, appellant, was the proprietor or owner of the premises in Leeds,
Alabama, known as the First National Bank of Birmingham, Leeds Branch. Further, the complaints allege that on aforesaid date,
plaintiff, Lillian Mason Lowery, was present upon said premises as 'a customer and invitee of the defendant.' It is averred
that as Lillian Mason Lowery stood or walked upon the floor of defendant bank, she slipped and fell, and as a proximate consequence
thereof, broke her left leg at the hip joint. The two complaints state that defendant, at the time of the fall, negligently
maintained the premises where Lilliam Mason Lowery was injured in a condition so slippery as to be not reasonably safe to
stand or walk upon. E. A. Lowery, husband of the injured party, is the plaintiff in the second complaint. His claim also is
for damages and is based upon medical expenses and loss of services.