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The action of a municipality in constructing a drainage system is, therefore, attended by a duty to exercise due care to “avoid injury to persons and property.” Sisco v. We wonder if the inlet pit, and, consequently, the City's intake pipe, had become clogged with debris, would the City have refused to remove the debris, insisting that such maintenance was the sole responsibility of the State?Logically, that portion of the sewer system posing the most danger to the public, thus requiring the greatest degree of care and diligence in construction and maintenance, was the intake pipe. Larry Herman Lee, as administrator of the estate of his deceased son, Larry Richard Lee, appeals from a summary judgment entered in favor of the defendant City of Anniston in Lee's action against the City alleging negligence in regard to the death of his son. According to unrefuted evidence, the events culminating in this action began in the early 1960s with the City's construction of a storm-sewer drainage system along, and parallel with, Weaver Road in the City of Anniston.

Weaver of Hollingsworth & Associates, Birmingham, for appellant. At the point of intersection of the two roadways, the State of Alabama extended one of the pipes across and underneath Highway 21 to bring the outlet into close proximity with the outlet of the pipe on the other side.

The cross sectional area of this drainage structure is thirty-two square feet.

The uniform capacity of a structure of this size, length and slope is 473.19 cubic feet per second.

During these storm events the water would be forced to back up between the four foot by four foot culvert and the fifty-four inch corrugated metal pipe.

When the storm event subsided the water would then drain[,] creating extreme turbulence and vortexes [and] causing a very dangerous situation.“7.

Weaver of Hollingsworth & Associates, Birmingham, for appellant. At the point of intersection of the two roadways, the State of Alabama extended one of the pipes across and underneath Highway 21 to bring the outlet into close proximity with the outlet of the pipe on the other side.The cross sectional area of this drainage structure is thirty-two square feet.The uniform capacity of a structure of this size, length and slope is 473.19 cubic feet per second.During these storm events the water would be forced to back up between the four foot by four foot culvert and the fifty-four inch corrugated metal pipe.When the storm event subsided the water would then drain[,] creating extreme turbulence and vortexes [and] causing a very dangerous situation.“7.When the installation was completed in the early 1960s, there existed an “inlet pit,” approximately four feet deep, into which poured the outflow from the State's two 4x4-foot pipes.