Alabama Baptist Hospital Board v. Carter

This is an action on the case by the appellee against appellant for damages for personal injuries resulting to the plaintiff from falling while walking down the stairway in defendant’s hospital.

The case was tried on count A and the defendant’s plea of the general issue, pleaded in short by consent to give in evidence any matters of defense as if specially pleaded.

By appropriate grounds of demurrer, the defendant questioned the sufficiency of count A in two respects, and the overruling of these demurrers constitutes the basis of some of the assignments of error.

The count does not aver in terms…