McDERMOTT v. HAMBRIGHT

6 Div. 706.

238 So.2d 876 (1970)

Henry B. McDERMOTT, as Adm'r of Estate of Louis John McDermott, Deceased v. James Aubrey HAMBRIGHT.

Supreme Court of Alabama.

Rehearing Denied September 3, 1970.


Attorney(s) appearing for the Case

Fred Blanton, Birmingham, for appellant.

Spain, Gillon, Riley, Tate & Ansley, and Ollie L. Blan, Jr., and John P. McKleroy, Jr., Birmingham, for appellee.


BLOODWORTH, Justice.

This case, originally assigned to another Justice, was recently reassigned to the writer.

It is an appeal by plaintiff from a judgment of voluntary nonsuit after defendant's demurrer to the amended complaint was sustained. Plaintiff assigns as error the trial court's ruling sustaining the demurrer.

We consider the question presented to us to be: Whether in a wrongful death action a complaint is demurrable which alleges in substance...

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