Great Atlantic & Pacific Tea Co. v. Meeks

CARR, Judge.

This is a suit to recover damages for alleged personal injuries. The cause went to the jury on count one of the complaint as amended and an agreement to plead in. short by consent. Judgment was in favor of the plaintiff.

Demurrers to the complaint as amended were overruled.’ We hold that no error can be predicated on this ruling. Jefferson Dairy Co. v. Williams, 215 Ala. 559, 112 So. 125.

The case of Kirkland v. Great Atlantic & Pacific Tea Co. 233 Ala. 404, 171 So. 735, is not here controlling. In the latter case the Supreme Court had under review a complaint which sought to fix…