City of Eufaula v. Speight
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. W. Foster. Emma E. Speight sued the city of Eufaula for injuries sustained by her from a defective sidewalk. Verdict for plaintiff and motion for a new trial. The motion was overruled and from this judgment appeal is taken. The facts appear in the opinion.
1Opinion of the CourtMcOLELLAN, C. J.
— The bill of exceptions does not purport to set out all the evidence. Hence we cannot find that the verdict was not supported by the evidence, or was contrary to the evidence. Moreover, the insistence in this connection is based on the supposed com tributory negligence of the plaintiff. The defendant did not plead contributory negligence, and there was no such issue in the case.
The 5th ground of the motion for a new trial is in effect that the jury brought in a quotient verdict. In support of this there is the affidavit of defendant’s attorney and two others in terms direct and positive that…
2Cited by14 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Leith v. StateSupreme Court of Alabama · 1921
- Hall v. StateSupreme Court of Alabama · 1901
- International Agri. Cor. v. AbercrombieSupreme Court of Alabama · 1913
- Harrison v. BakerSupreme Court of Alabama · 1954
9 more not listed; retrieve them via the Exa API.