First National Bank of Birmingham v. Lowery

LIVINGSTON, Chief Justice.

The two cases before us were consolidated for trial in the circuit court and will here be treated together on appeal.

Each case was tried upon a simple negligence count. The cases were tried on plaintiffs’ amended complaints. The amended complaints in each instance allege that on May 27, 1950, defendant, appellant, was the proprietor or owner of the premises in Leeds, Alabama, known as the First National Bank of Birmingham, Leeds Branch. Further, the complaints allege that on aforesaid date, plaintiff, Lillian Mason Lowery, was present upon said premises as “a…