Walker v. Stephens

This cause has previously been before this court upon the same counts of the complaint and upon evidence in substantial accord. Stephens v. Walker, 217 Ala. 466, 117 So. 22. The salient features of the evidence appear in the opinion on former appeal, and need no repetition here.

The view was here entertained, and so expressed, that a jury question was presented and intended applicable to each count of the complaint. We adhere to that view, though as to a few of the counts some elaboration is appropriate. These are the counts (count 1 among them) wherein negligence is laid to an authorized…