Birmingham Electric Co. v. Kirkland

The case was given to the jury under count A. The other counts were withdrawn.

Assignment of error raises the question of the sufficiency of count A as against the demurrer directed thereto. The duty owing by defendant to the plaintiff was shown.

The count was drawn upon the theory or the general rule of duty not to make dangerous and extraordinary use of the public highway as to cause the injury for which the suit was brought. Alabama By-Products Corp. v. Cosby, 217 Ala. 144,115 So. 31. The substance of the count is as follows:

«* =;, * ipjie defendant's servants, agents, officers, or…