POLLAK v. STOUTS MOUNTAIN COAL & COKE CO. et al.

(78 South. 990) POLLAK v. STOUTS MOUNTAIN COAL & COKE CO. et al. (6 Div. 702.) (Supreme Court of Alabama. May 16, 1918.) Appeal from Circuit Court, Cullman County; R. C. Brickell, Judge. Bill by Helene Poliak,. as administratrix, against the Stouts Mountain Coal & Coke Company and others. Decree for defendants, and plaintiff appeals. Affirmed. Callahan & Harris, of Decatur, for appellant. A. Latady, of Birmingham, and F. E. St. John, of Cullman, for appellees. [MAJORITY — MAYFIELD, J.] MAYFIELD, J. This is the third appeal in this case. See reports of case on former appeals. 184 Ala. 331, 63 South. 532; Stouts Mountain Coal & Coke Co. v. Ballard, 195 Ala. 283, 70 South. 172. The law of the case, was fully settled on the former appeals. On the final hearing on the pleadings and the proof, the trial judge dismissed the bill, and complainant appeals. The trial court seems to have followed the law applicable to the evidence in the case, as declared by this court on the former appeals, and we concur in his conclusion that the complainant wholly failed. The decree of the trial court dismissing the bill is in all things affirmed. Affirmed. ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.