Sloss-Sheffield Steel & Iron Co. v. Wilkes

FOSTER, Justice.

This is a second appeal in this case. See 231 Ala. 511, 165 So. 764, 770, 109 A.L.R. 385.

After it was reversed, and on the second trial, the complaint was amended so as to charge the wrongful act against both defendants, not against one as the employer by reason of the wrongful act of the other as employee. And though the complaint charged a joint act, it was also several, and judgment for one and against the other was not violative of any rule of law. See cases cited under headnote 21 on former appeal. Section 5720, Code. That was the result of the second trial, and no error…