Simpson v. City of Montgomery

*370HARE, Special Justice.

In Ex parte. Simpson—Ex parte Alabama Power Co., 280 Ala. 586, 196 So.2d 702, this case was before us on a petition for mandamus to the trial judge with reference to whether various interrogatories should or should not be answered. That opinion explains the circumstances under which the members of this Special Court are sitting instead of the regular members of the Court. For the same reasons, we are called upon to hear and determine this appeal from the final judgment of non-suit.

The complaint charges the City of Montgomery and the Alabama Power Company with combined…