Yolande Coal & Coke Co. v. Norwood

Appeal from Tuscaloosa Gouuty Court. Heard before Hon. H. B. Foster. Action by F. M. Norwood against the Yolande Coal • & Coke Company, for injury to person and property. Judgment for plaintiff and defendant appeals. The court erred in overruling demurrer to count M. — City D. C’o. v. Henry, 139 Ala. 161; Mayer Go. v. Thompson, 104 Ala. 611. The count should have been stricken. — Ala-. G. G. & I. Go. v. Heald, 45 South. 691. Count M. was in trespass and the defendant was entitled to the affirmative charge. — City D. Go. v. Henry supra. If the count was in case the defendant was entitled to…