110 Ala. 491 | Ala. | 1895
At common law counts for distinct and independent torts, of the same nature and upon all which the same judgment was to be given, could be joined in separate counts, in the same action. — 1 Chit. P1.T99,
The first count of the complaint claims of the defendant a gross sum, as damages for negligently killing three animals by three several and distinct acts, committed at different times. There was a demurrer to this count for misjoinder of causes of action in the same count, which was overruled, and that ruling is assigned as error. Under the influence of the decission of this court, in Dusenberry v. H. A. & B. R. R. Co., 94 Ala. 413, we hold that this system of practice does not change the rule of the common law so as to authorize the joinder, in one count, of several distinct and independent torts. The court, therefore, erred in overruling the demurrer to the first count.
Reversed and remanded.