King, Inc. v. Thomas

PRICE, Judge.

This is an action by the appellee against appellant for damages for personal injuries resulting to plaintiff from a fall on a sidewalk near defendant’s theater in the City of Mobile.

The case was tried on count 2 of the complaint and defendant’s pleas of the general issue and contributory negligence. There was a verdict and judgment for plaintiff for $325.

By 22 grounds of demurrer defendant questioned the sufficiency of count 2, and the overruling of the demurrer constitutes the basis of the first assignment of error. The count avers:

“The plaintiff claims of the defendant…