Bradley v. Deaton

The action is for damages for the death of plaintiff’s (appellee’s) intestate Deaton, who, at the time of his injury, was a motorman in the service of appellant on one of its street railway lines. The case was submitted to the jury on the averments of count 2. This count was drawn to state a cause of action under subdivision 5, Code, § 3910, of our Employers’ Liability Act. The count is a copy of the count (5) expressly approved in B. R. L. & P. Co. v. Mosely, 164 Ala. 111, 119, 120, 51 South. 4£4. Consequent upon the earnest insistence for appellant that the count is defective, particularly…