112 Ala. 681 | Ala. | 1896
Appellee, Collier, was a passenger on the train of appellant, and was occupying one of the seats on the train. The grievance he complains of is charged in the following language : “That said train containing said car in which plaintiff was riding was then running at a high rate of speed, and upon the walls of said car of said train in which plaintiff was riding, and over and above the seat provided for plaintiff as aforesaid, defendant had negligently and carelessly hung, placed, or affixed a glass bottle containing a liquid or fluid, and that said bottle was broken or exploded, and the contents thereof were negligently and carelessly poured and spilled over and upon the clothing and person of plaintiff ; that said liquid so spilled upon plaintiff injured and damaged and destroyed plaintiff’s clothing, and burnt and scalded his face and neck and back.” There was a demurrer to the complaint, assigning several grounds. The second ground is that the complaint fails to aver that the bottle of fire extinguisher was broken “by the negligence of defendant, or its servants.” Possibly, under strict grammatical rules, there is some in
There is nothing in the other exception reserved.
Affirmed.