65 So. 326 | Ala. | 1914
When this case was here upon a former appeal (178 Ala. 137, 59 South. 435), this court held, speaking through Somerville, J., that the bill was without equity as to the city of Florence, there laying down the rule as to the extent of the liability of a municipality for the wrong complained of in the appellee’s bill. The amendment charges that the city issued Spaulding a license as a public weigher, which authorized him to maintain scales, and knew when issuing the last license that he was then operating the scales at the point in question; it does not charge that the city licensed the said Spaulding to maintain these, or other scales, at this particular place. In other words, •the bill, as amended, does not charge an express authorization by the city of Spaulding to do the thing of which the complainant complains. From aught that appears from the bill as amended, the city merely issued
The chancery court erred in overruling the demurrers of the appellant to the amended bill, and the decree of said court is reversed, and one is here rendered sustaining said demurrers, and the cause is remanded.
Reversed, rendered, and remanded.