46 So. 487 | Ala. | 1908
Lead Opinion
The appeal is from a judgment sustaining a demurrer to the complaint. It contains only one count, and after alleging in the usual way the existence- of the relation of master and servant at the time of the injury, and that at that time he was engaged in the active performance of the duties of his employment, the negligence relied on is thus charged: “Plain
Counsel insist that the count undertakes to aver the facts constituting the negligence complained of, and
[Reversed and remanded.
Concurrence Opinion
I concur in the judgment of reversal upon the ground that the complaint was not subject to the grounds specified in the demurrer, but am not ready to commit myself to all that is said as to the sufficiency of the complaint.