Louisville & Nashville Railroad Company v. Johns

COLEMAN, Justice.; This is an action by the administrator of the estate of J. A. Johns, deceased, to recover damages from Louisville and Nashville’ Railroad Company, a corporation, for the death of plaintiff’s intestate, who was run over by the cars of defendant on its .tracks in Evergreen, Alabama.

On the former appeal, Louisville & N. R. Co. v. Johns, 258 Ala. 440, 63 So.2d 574, 578, we held there was a fatal variance between the pleading and proof in that all counts of the complaint alleged that deceased was injured while he was crossing the tracks of defendant, but the “ * * * proof * * *…