Hardeman v. Williams
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Beown. Action by Sallie Williams against B. F. Hardeman. From an order setting aside a verdict for plaintiff, and granting a new trial, defendant appealed.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Beown. Action by Sallie Williams against B. F. Hardeman. From an order setting aside a verdict for plaintiff, and granting a new trial, defendant appealed. The facts and the pleading in the original case appear "in a former report of the case in Hardeman v. Williams, 150 Ala. 415, 43 South. 726, 10 L. R. A. (N, S.) 653. The second ground for motion for a new trial is because “that, if plaintiff was entitled to recover, as the jury found she was, she was entitled to a verdict of more than one cent.” The amended count A claims…
1Opinion of the CourtAnderson, J.
— We cannot say that the trial judge erred in granting a new trial in this case. If not justified for other reasons, the evidence warranted him in setting the verdict aside upon the second ground of the motion. Nor can we say that he erred because the defendant was entitled to the general charge. The evidence is materiallydifferent upon this appeal from what it appears to have been in the former report of the case (150 Ala. 415, 43 South. 726, 10 L. R. A. [N. S.] 653) as to Meyers’ connection with the trespass and assault. See testimony of Hermann. Moreover, two additional counts were added…
2Cases cited1 opinion
- Hardeman v. WilliamsSupreme Court of Alabama · 1907
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