Morgan-Hill Paving Co. v. Fonville

This is the third appeal in this case. On the first two trials the case was submitted to the jury on the fourth count of the complaint and the defendant’s pleas of contributory negligence, each resulting in a verdict and judgment for the plaintiff, and on the two former appeals the substantive law of the case, as related to the issues framed by the pleadings as they then stood, was declared. Morgan Hill Paving Co. v. Fonville, 218 Ala. 566, 119 So. 610; Id. (second appeal) 222 Ala. 120, 130 So. 807.

On the last trial the plaintiff amended his complaint by adding count A, declaring as for a…