Hillis v. City of Huntsville

SIMPSON, Justice.

Appeal by the plaintiff from a judgment of nonsuit superinduced by the ruling of the trial court sustaining demurrers to the complaint. The complaint, claiming damages for personal injuries, is framed in two counts under § 326(1) and (2), Title 26, Code of Ala. 1940, the Employers’ Liability Act.

Count I alleges, in substance, that the plaintiff was employed to work on the streets of the city, and while acting in such service, plaintiff was operating a tractor supplied and being used in the city’s business in cutting weeds “in a ditch along a certain public street”, when the…