Southern Pickle & Vinegar Co. v. Webb

On Rehearing.

THOMAS, J.

The third count dealt with in the opinion of the Court of Appeals does not charge that the defendant, through its servants, agents, or employes, committed the trespass complained of, but merely that persons who were its servants, agents, or employes committed the same. There was no sufficient demurrer challenging the count 'in the respect indicated. The Court of Appeals did not hold that the count as framed would not have supported a judgment responding thereto in case; merely that the count was not sufficient to support a judgment for trespass vi et armis. And the…