Montgomery City Lines, Inc. v. Jones

THOMAS, Justice.

The suit was for personal injury resulting in death in the negligent operation of a motor bus as a common carrier of passengers for hire while plaintiff’s intestate was a passenger thereon.

During the progress of the trial all original counts of the complaint were withdrawn and count four substituted. The demurrer, which had been filed to the original complaint, was refiled to count four, and overruled, and appellant then pleaded in short, the general issue, contributory negligence, etc.

On the afternoon of December 2, 1942, plaintiff’s intestate was a passenger on one of…