Birmingham Waterworks Co. v. Edwards
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge. Action by A. M. Edwards against the Birmingham Waterworks Company. From the judgment rendered, defendant appeals.
1Opinion of the CourtBrown, P. J.
[1] It is settled by the decisions of this court and the Supreme Court that if the parties on the trial of the case offer evidence without objection, tendering a defense required to be specially pleaded, and the trial court in disposing of the case takes notice of the defense thus tendered and submits the issue to the jury, on appeal the case .will be treated as if the issue was properly presented by special plea. A. C. L. Ry. v. Kelly, 77 South. 972 ; R. & D. R. R. Co. v. Farmer, 97 Ala. 141, 12 South. 86; K. C., M. & B. R. R. Co. v. Burton, 97 Ala. 240, 12 South. 88; Gainer v. Southern…
2Cases cited5 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Birmingham Waterworks Co. v. BrooksAlabama Court of Appeals · 1916
- Gainer v. Southern Railway Co.Supreme Court of Alabama · 1907
- Atlantic Coast Line R. Co. v. KellyAlabama Court of Appeals · 1918
3Cited by1 opinion
- Eutaw Ice, Water & Power Co. v. McGeeAlabama Court of Appeals · 1919