Hames v. Brownlee
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Tried before Hon. LeRoy F. Box. This was an action of trespass guare elausmn fregit, brought by W. M. Hames as the administrator of the estate of Sarah A. Gumming, deceased, against Enoch Brownlee and Hugh Brownlee, and was commenced on 21st August, 1873. The gravamen of the complaint is, that the defendant entered upon, and erected a dam across a stream of water flowing through, a designated tract of land belonging to the plaintiff’s…
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Appeal from Calhoun Circuit Court. Tried before Hon. LeRoy F. Box. This was an action of trespass guare elausmn fregit, brought by W. M. Hames as the administrator of the estate of Sarah A. Gumming, deceased, against Enoch Brownlee and Hugh Brownlee, and was commenced on 21st August, 1873. The gravamen of the complaint is, that the defendant entered upon, and erected a dam across a stream of water flowing through, a designated tract of land belonging to the plaintiff’s intestate. The cause was tried on issue joined on the plea of not guilty. It appears from the evidence, as set forth in the…
1Opinion of the CourtSomeb.yille, J.
The court erred, we think, in submitting to the jury the question as to whether or not the witness Harrison had testified to any fact tending to prove an oral or parol agreement between Cunningham and Gumming, independent of the one in writing to which he stated they had given their assent. Whether there be any evidence on a particular Íoint in a cause, is a question for the court always to determine, t is within the province of the jury to determine the weight and sufficiency of such evidence, after being introduced under the eye of the court.-1 Greenl. Ev. § 49; 1 Best, on Ev. § 82; 1 Phil.…
2Cited by3 opinions
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