Metropolitan Life Ins. Co. v. Carter

The suit is for damages for an assault and battery alleged to have been committed by an agent or employee of the defendant. The only eyewitnesses who testified were the plaintiff and ’said agent of defendant, who is alleged to have committed the injury for which complaint is made. Their evidence was in conflict, and susceptible to such inferences as might be drawn by the jury.

The first count of the complaint was not subject to the grounds of demurrer that were assigned. Mobile Light & R. Co. v. Portiss, 195 Ala. 320, 332, 70 So. 136; Clinton Min. Co. v. Bradford, 200 Ala. 308, 76 So. 74;…