Birmingham Electric Co. v. Guess

The count as amended was free from the ground of demurrer that the facts averred did not sustain the charge of wantonness or willfulness as stated in the appropriate count. Blackburn v. Central of Ga. Ry. Co., 185 Ala. 635, 64 So. 592; Jackson v. Vaughn, 204 Ala. 543, 86 So. 469.

There was, however, no ambiguity and uncertainty in the averment of facts employed in the complaint and the use of the words “said servants and agents”; there was no mention of servants or agents thereto to cause confusion, and “said” was capable of being omitted because of the want of an antecedent to which it may…