Garner v. Baker

In B. R. L. & P. Co. v. Adams, 40 So. 385, 146 Ala. 267, 272, 119 Am. St. Rep. 27, it was held that a count Showing that the plaintiff was a passenger in the defendant’s car, operated by the defendant at the time of the injury, though not a common carrier, sufficiently showed the relationship and the resulting duty not to negligently injure the plaintiff while so transporting him. To the same effect is Lawrence v. Kaul Lumber Co., 55 So. 111, 171 Ala. 300, 305. On the authority of those cases, count 2 of the complaint in this case must, be held not subject to the demurrer, and 'the demurrer…