164 So. 101 | Ala. | 1935
This case was reversed upon former appeal,
Upon the next trial, the one from which this appeal arose, counsel for plaintiff, while perhaps in varying form, injected the substance of this objectionable evidence over the objection of the defendant which should have been sustained by the trial court. The admission of this evidence and the persistence of counsel in injecting it into the case was such prejudicial error as calls for a reversal, notwithstanding the disclaimer of counsel of any desire to recover damages as for menstrual trouble or disorder, or the giving of the defendant's charge excluding such an element of damage. Birmingham Baptist Hospital v. Blackwell,
The judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.
GARDNER, BOULDIN, and FOSTER, JJ., concur. *234