Johnson v. Ralls

On Rehearing

The original opinion in this case is withdrawn and this opinion is substituted therefor.

Plaintiff appeals from a judgment of voluntary nonsuit entered by the Circuit Judge of Conecuh County who overruled plaintiff's demurrer to defendant's Plea Two which hereinafter appears. Title 7, § 819, Code of Ala., Recompiled 1958.

Appellant sued at law in his fiduciary capacity as administrator of the estate of J. C. Johnson, deceased, to recover damages of appellee under the Homicide Act. Title 7, § 123, Code of Ala., Recompiled 1958. The action is based on alleged negligence of defendant,…