Mobile Infirmary v. Eberlein

STAKELY, Justice.

This action was brought by John G. Eberlein, Jr. (appellee) against Mobile Infirmary, a corporation (appellant), in the Circuit Court of Mobile County, to recover damages for the death of Carol Merlee Eberlein, the minor daughter of the plaintiff.

The cause of action is set forth in two separate counts numbered One and Two, respectively, each of which attempts to allege simple negligence in varying terms. The court overruled the demurrer to each count and the defendant thereupon filed its plea of the general issue. The case was submitted to the jury which returned a verdict in…