CAMPBELL v. CLINTON, 202 Ala. 341 (1918)

80 So. 423

CAMPBELL v. CLINTON.

8 Div. 135.Supreme Court of Alabama.
November 28, 1918.

Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge.

Taylor Watts, of Huntsville, for appellant.

Griffin Ford, of Huntsville, for appellee.

SOMERVILLE, J.

Whether or not defendant’s contract with plaintiff included a stipulation insuring the safety of the hired mules, as charged in the third count, was properly submitted to the jury, and the evidence was clearly sufficient to support a finding for plaintiff under that count. But the evidence is utterly without tendency to show that the mule was injured as the result of

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any negligence on the part of defendant or his servant.

We think the trial court erred in refusing defendant’s requested instructions as to the first and second counts; and, as we cannot know under what count the jury found for plaintiff, the error must work a reversal of the judgment.

Reversed and remanded.

ANDERSON, C. J., and MAYFIELD and THOMAS, JJ., concur.