Hill v. Delchamps Food Stores

EMBRY, Justice. 1

This case is here for the second time. The prior decision (McKleroy v. Del-champs Food Stores, 289 Ala. 127, 266 So. 2d 282) reversed and remanded. The trial court had granted a motion to exclude plaintiff’s evidence. Such action by the trial court was error for the reasons stated in the opinion in McKleroy, supra. Prior to the second trial, after death of plaintiff Mrs. McKleroy, the action was revived in the name of her administrator, Murray G. Hill. The action was tried to the court, without a jury, on the transcript of evidence of the first trial supplemented by testimony…