Woodward Iron Co. v. Thompson

The suit was for personal injury under subdivision 5. of Code, § 3910.

The former appeal is reported in 205 Ala. 490, 88 South. 438. The ladt trial resulted in judgment for plaintiff, the case being tried on counts 1 and 5 as amended. On former appeal count 1 was held subject to the demurrer assigned. On this trial the count was amended to meet the defect pointed out by Mr. Justice Miller. Under the amended count, both the injured employe (plaintiff) and the employé averred to be derelict in the discharge of his duties ,at the time and place were servants in the employ of defendant, within…