Crescent Motor Co. v. Stone

The suit is by the father to recover damages for the wrongful act of defendants causing the death of plaintiff’s minor son. Code 1907, § 2485.

This is the second appeal. The decision on former appeal is reported in 208 Ala. 137, 94 South. 78. We there held that counts 2 and 3 of the complaint were not subject to the demurrer interposed. We adhere to that ruling.

It was also held that the evidence, and reasonable inferences therefrom, tended to show a joint liability on the part of defendants Williamson and Daniel, justifying a refusal of the affirmative charge on behalf of defendant Daniel.…