Supreme Court of Alabama June 30, 1908 (Birmingham Railway Light & Power Co. v. Harden)

McGLELLAN, J.

While the judgment entry is silent in respect of the disposition made of the demurrer to the second count, which imputed wantonness, etc., to servants or agents of the defendant, yet, from the oral charge of the court, copied in the bill of exceptions, it appears that the jury was instructed that the second count had been stricken on demurrer.