Jewel Tea Co. v. Sklivis

FOSTER, Justice.

This is an action for damages by the father for injuries, negligently caused to his minor son. The son has had litigation on his own account. See Jewel Tea Co. v. Sklivis, 231 Ala. 590, 165 So. 824.

We will discuss the questions in the order in which they are argued in brief. As originally filed, the counts each charged simple negligence, without declaring whether it was primary or subsequent. By amendment the claim was limited to subsequent negligence, striking, the original counts. This was done more than a year after the accident and injury occurred.

The argument is made, as…