Childs v. Southern Railway Co.

Childs sued the Southern Bailway Company for the alleged negligent homicide of his wife at a railroad crossing. The petition contained 27 paragraphs, and paragraph 27 contained subparagraphs (a), (b), (c), (d), (e), (f), (g), and (h). Said subparagraphs (f), (g) and (h) were stricken on special demurrer, and that ruling was excepted to pendente lite and assigned as error in the bill of exceptions. The case proceeded to verdict and judgment for the defendant, and that ruling was assigned as error in a direct bill of exceptions, no motion for new trial being made. The assignment of error on the…