Alabama Power Co. v. Cornelius

ANDERSON, O. J.

The counts upon which this ease was tried, amended counts 1 and 3, were in trespass, and the things complained of and damages claimed constituted a single and continuous trespass and injuries proximately resulting therefrom and were not subject to the defendant’s demurrer. The cases relied upon by appellant’s counsel are unlike this one. The case of Sudduth v. Central of Georgia R. R., 197 Ala. 393, 73 South. 28, involved a complaint which charged in the same count trespass and case; that is, trespass in entering arid laying the tract and an independent wrong as to the…