Rushing v. Hooper-McDonald, Inc.

HEFLIN, Chief Justice.

This case arose and was tried before the implementation of the new Alabama Rules of Civil Procedure. The appeal is from a judgment in favor of the defendant after the trial judge gave the general affirmative charge with hypothesis.

Appellant-plaintiff Burl Rushing’s amended complaint contained eight counts, each alleging a trespass to “the fish pond and surrounding banks and lands known as Bonners Fish Pond.” Each count claimed damages in the sum of $30,000.00 and asked for punitive damages.

Count One alleged a trespass in April, 1968; Count Two, in May, 1969; Count Three,…