Bagby Elevator and Electric Company, Inc. v. McBride

(concurring specially) :

I concur in the result that the judgment of the trial court is due to be affirmed. I further agree with Justices Harwood, Bloodworth, Jones and Faulkner that the concluding proviso of Section 1 of Act 788, 1969 Acts of Alabama, p. 1418, violates Section 45 of the Constitution of 1901.

The title to the act clearly reflects an intention to establish a statute of limitations in the traditional and procedural sense. The language of the body of the act deals primarily with a substantive matter, that being the creation of an absolute immunity against suits after the passage…