Hillman v. City of Anniston

The questions presented will be treated as argued by counsel. Appellee’s counsel concede that the motion for a new trial practically presents all matters urged as error by appellee in its cross-assignments of error, under section 6091 of the Code. Yates Mach. Co. v. Taylor, 215 Ala. 311, 110 So. 396.

This is the second appeal, 214 Ala. 522, 108 So. 539. The action was for damages, under the Homicide Act (Code 1923, § 5696), for the death of appellant’s intestate, the result of an assault by a city employee while guarding said intestate in the work of digging and loading slag for use in…