68 So. 568 | Ala. Ct. App. | 1915
When these averments are construed together, it is clear to a common intent that the gravamen of the count is the negligence of the defendant or its servant to whom it had committed the duty of maintaining the tram track over which the plaintiff operated in a reasonably safe condition. By these averments the issue is well defined, and limited to proof of negligence with reference to maintaining the tram track, and under repeated holdings the count was sufficient, and not subject to the demurrers. —Little Cahaba Coal Co. v. Gilbert, 178 Ala. 519, 59 South. 445; Jackson Lumber Co. v. Cunningham, 141 Ala. 206, 37 South. 445; St. L. & S. F. Ry. Co. v. Phillips, 165 Ala. 510, 51 South. 638; T. C., I. & R. R. Co. v. Smith, 171 Ala., 251, 55 South. 170; Pell City Mfg. Co. v. Cosper, 172 Ala. 535, 55 South. 214; St. L. & S. F. Ry. Co. v. Sutton, 169 Ala. 393, 55 South. 989, Ann. Cas. 1912B, 366.
The result is that there appears to be no error in-the record, and a judgment of affirmance will be entered.
Affirmed.