Schaeffer v. Walker

On Rehearing.

THOMAS, Justice.

The court understood from the trial that the suit was sought to be maintained and defended in a representative capacity and not as by and against an individual. The trial court charged as follows:

“This is a suit by J. C. Walker as administrator of the estate of A. W. Walker against W. F. Schaeffer, Trustee for the North Alabama Motor Express Company, a corporation. The plaintiff claims of the defendant the sum of five thousand dollars damages for it says that on or about' the 28th, of January 1939 while the deceased man, plaintiff’s intestate, was traveling in a…