Opinion
32779.
DECIDED MARCH 28, 1950.
Damages; from Decatur City Court — Judge Philips. September 13, 1949.
W. Neal Baird, Neely, Marshall Greene, for plaintiffs in error.
Jackson L. Barwick, H. C. Morgan, James R. Venable, contra.
Under the rulings in Atlantic Coast Line Railroad Company v. Sweatman, ante, the petition in this case failed to set forth a cause of action in either count and the court erred in overruling the general demurrers to both counts of this petition.
Judgment reversed. Gardner and Townsend, JJ., concur.