Nelson Ex Rel. Nelson v. Gatlin

258 So.2d 730 (1972)

Randy Warren NELSON, a minor suing by and through his father and next friend Curtis Nelson

v.

W. A. GATLIN.

4 Div. 428.

Supreme Court of Alabama.

February 10, 1972.

Rehearing Denied March 9, 1972.

William D. Melton, Evergreen, for appellant.

Powell & Sikes, Andalusia, for appellee.

As ultimately amended, the complaint here under consideration consisted to two counts, Count 5A and Count 7A. The lower court sustained defendant's demurrers to each of these two counts, whereupon the plaintiff moved for a non suit with leave to appeal. This motion was granted and the plaintiff…