Cox v. Alabama Water Co.

The report of the ease reproduces counts 1, 4, A, D, and B of the complaint, these counts and the demurrers thereto sufficiently disclosing the questions raised for decision on this appeal. In the trial court a demurrer to each count of the complaint was sustained. Plaintiff thereupon suffered a nonsuit and takes this appeal, in agreement with the provision of section 6431 of the Code.

The effort on the part of plaintiff is to oring his case within some permissible application of the doctrine of the so-called “turntable” eases. Railroad Co. v. Stout, 17 Wall. 657, 21 L. Ed. 745; Union Pacific…