Birmingham Belt R. Co. v. Hendrix

This case went to trial on amended counts 1 and 2 of the complaint. Demurrers to these counts, raising substantially the same questions in respect to each, were overruled, and these rulings of the court are assigned for error.

Count 1. This count, after showing that the death of plaintiff’s intestate occurred in a collision between trains of defendant and the Southern Railway Company, at a crossing of the two roads, alleged;

“That the said defendants [at that time, the St. Louis & San Francisco Railroad Company was a party defendant, but was afterwards eliminated by amendment], by and through…