Ballanger v. Shumate
Alabama Court of Appeals
Appeal from Walker Circuit Court. Heard before Hou. J. J. Curtis. Action by B. A. Shumate against J. A. Ballanger for damage to plaintiff’s person and buggy in a collision with defendant’s carriage. Judgment for plaintiff and defendant appeals. The demurrers to count A should have been sustained. Counsel discusses other assignments of error, but without citation of authority. Count A was withdrawn from the jury, and therefore, any error Avas rendered harmless to appellant.
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Appeal from Walker Circuit Court. Heard before Hou. J. J. Curtis. Action by B. A. Shumate against J. A. Ballanger for damage to plaintiff’s person and buggy in a collision with defendant’s carriage. Judgment for plaintiff and defendant appeals. The demurrers to count A should have been sustained. Counsel discusses other assignments of error, but without citation of authority. Count A was withdrawn from the jury, and therefore, any error Avas rendered harmless to appellant. The count was good in any event. — Barbour v. Shebor, 58 South.- 276. The cause should be dismissed under the authority…
1Opinion of the Court
WALKER, P. J.-
If the court erred in overruling the demurrer to count A of the complaint, the error is not one which can work a reversal of the judgment appealed from, as that count was withdrawn from the consideration of the jury by a written charge to the effect that a finding of wantonness Avas not warranted by the evidence.
On the question of damages, evidence of the difference between the value of the buggy before and after the alleged injury to it was admissible. — Louisville & Nashville R. R. Co. v. Mertz, Ibach & Co., 149 Ala. 561, 43 South. 7; Krebs Manufacturing Co. v. Brown, 108 Ala.…
2Cases cited2 opinions
- Krebs Manufacturing Co. v. BrownSupreme Court of Alabama · 1895
- Louisville & Nashville R. R. v. Mertz, Ibach &. Co.Supreme Court of Alabama · 1907
3Cited by3 opinions
- Birmingham R. L. & P. Co. v. SpragueSupreme Court of Alabama · 1916
- Hill Grocery Co. v. CaldwellSupreme Court of Alabama · 1924
- Terry v. StateAlabama Court of Appeals · 1915