15 So. 2d 469 | Ala. | 1943
The several grounds on which the petition for certiorari are rested are well considered by the Court of Appeals. Birmingham Electric Co. v. Bailey, Ala.App.,
The rules of good pleading in one or several counts of a complaint have been given in many decisions by this court. It is not necessary to repeat them here. Leach Harrison Forwood v. Bush et al.,
The amended count 2 is "grounded upon the alleged use of unnecessary force" in exercising the right of expulsion [Louisville N. R. Co. v. Johnson,
There were conflicting tendencies in the evidence, as found by the Court of Appeals, and under the rule that obtains [McMillan v. Aiken,
The Court of Appeals well states the authorities and the evidence touching punitive damages claimed.
The conclusion announced is not contrary to the holding in Alabama Power Co. v. Dunlap,
The petition for certiorari is denied.
Writ denied.
GARDNER, C. J., and BROWN and LIVINGSTON, JJ., concur.