Crescent Motor Co. v. Stone

The plaintiff’s (appellee’s) minor son, while riding a bicycle on a highway, was run upon by an automobile and killed. The corporation (appellant), S. B. Williamson, and G. A. Daniel are made defendants.

Count 2 was not subject to the criticism that it undertakes to join, improperly in a single count, trespass and case, within the rule stated in Francis’ Case, 109 Ala. 224, 242, 19 South. 1, 31 L. R. A. 193, 55 Am. St. Rep. 930; National Baking Co. v. Wilson, 198 Ala. 90, 73 South. 436; Central of Georgia R. Co. v. Carlock, 196 Ala. 659, 72 South. 261; Aldrich v. Tyler Grocery Co., 206 Ala.…