Birmingham Railway, Light & Power Co. v. Harris

51 So. 607, 165 Ala. 482, 1910 Ala. LEXIS 46

• Court: Supreme Court of Alabama
• Decided: February 10, 1910
• Status: Published

Opinion

McC'LELLAN, J.

— The only error assigned is predicated upon the action of the court in overruling the demurrer to the first count. That count is sufficient in its allegation, in general terms, of the negligence to which the injury is ascribed. — Armstrong v. Montgomery R. Co., 123 Ala. 233, 26 South. 349, and authorities therein cited; Sou. Rwy. Co. v. Crowder, 135 Ala. 417, 33 South. 335; K. C. M. & B. R. R. v. Flippo, 138 Ala. 487, 35 South. 457; among many others.

Affirmed.

Dowdell, C. J., and Anderson and Sayre, JJ., con cur.