Davis v. Lawler

The defendant placed a cattle guard of the ordinary type on its railroad track abutting on plaintiff’s land. Plaintiff’s mule attempted to pass over the guard and one of his feet slipped and went down between two of the strips, and in trying to extricate his foot, he pulled up a section of the guard, and ultimately broke his leg, and had to be killed.

On a former appeal (Lawler v. Southern Ry. Co., 207 Ala. 268, 92 South. 487) we held that counts 2 and 3 were subject to demurrer, but that count 4, on which this trial was had, was not subject to any of the grounds of demurrer interposed. A…