Shelby Iron Co. v. Morrow

The suit was against Shelby Iron Company and Frank Smith for personal injury. The judgment shows that issue was joined on count F, pleas 1 and 2 of the general issue, and special pleas 9, 10, and 11 of contributory negligence.

Count F was challenged by demurrer on many grounds, one of which was that the name of the agent whose act of negligence the defendant is “being .called upon to answer * .* * is not given, nor is there an averment that the same is known to plaintiff.” Appellant cites M. & O. R. Co. v. George, 94 Ala. 199, 10 South. 145; McNamara v. Logan, 100 Ala. 187, 14 South. 175; L. &…