Ginzler v. City of Birmingham
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Mrs. Lulu Ginzler against the city oE Birmingham for damages to realty. From a judgment granting defendant a new trial, plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Mrs. Lulu Ginzler against the city oE Birmingham for damages to realty. From a judgment granting defendant a new trial, plaintiff appeals. The following is count 2: “Plaintiff claims of defendant, a municipal corporation, the sum of $2,000 as damages, for that, to wit, on or about the 1st day of January, 1910, and before and at the time of the occurrence herein complained of, the plaintiff was, and ever since has been, possessed of a certain lot or tract of land located in the northeast corner of Twenty-First avenue…
1Opinion of the Court
PELHAM, J.-
The case was submitted to the jury-on the second count of the plaintiff’s complaint, and resulted in a verdict in favor of the plaintiff for $900. The defendant moved for a new trial, and this motion was granted by the court, and this action of the court in setting aside the verdict and granting appellee a new trial is assigned as error.
The motion sets forth many grounds as reasons for setting aside the verdict and granting a new trial; but counsel for appellant and appellee both seem to agree on one thing, and but one thing, in their briefs filed, and that is that the real,…
2Cases cited11 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Polly v. McCallSupreme Court of Alabama · 1860
- West Pratt Coal Co. v. DormanSupreme Court of Alabama · 1909
- Roundtree v. BrantleySupreme Court of Alabama · 1859
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3Cited by2 opinions
- City of Birmingham v. GreerSupreme Court of Alabama · 1930
- City of Birmingham v. NorwoodAlabama Court of Appeals · 1929