Legal Opinion

Crews & Green v. Parker

Supreme Court of Alabama

Decided April 15, 1916PublishedCited by 16 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by R. P. Parker against the firm of Crews & Green and its members. Judgment for plaintiff, and defendants appeal.

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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by R. P. Parker against the firm of Crews & Green and its members. Judgment for plaintiff, and defendants appeal. Transferred from Court of Appeals under section 6, Acts 1911, p. 450. The complaint alleges, in effect, that defendants or their agents or employees, acting within the line .and scope of their employment, entered the place of business of plaintiff in Birmingham and took therefrom certain personal property, and plaintiff avers that as a proximate result of said wrong, he has been deprived of the possession…

1Opinion of the CourtMcCLELLAN, J.

The plaintiff, the appellee, was accorded the judgment from which the defendants, appellants, appeal on an asserted • right of action for a trespass committed in the taking of personal property then in use by the plaintiff in his business of a restaurateur. The property alleged to^ have been taken consisted of an ice box, a-table, and 11 chairs.

Complaint is made of the action of the court in declining to strike from several of the counts claims for special damages of these characters, viz., damage to the plaintiff’s business, and mental pain and anguish.(1) A trespass committed in the taking…

2Cases cited9 opinions

  1. Sparks v. McCrearySupreme Court of Alabama · 1908
  2. Street v. SinclairSupreme Court of Alabama · 1881
  3. Mattingly v. HoustonSupreme Court of Alabama · 1909
  4. Cowan & Co. v. SappSupreme Court of Alabama · 1886
  5. Shepherd v. StateSupreme Court of Alabama · 1902

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Jones v. Americar, Inc.Supreme Court of Alabama · 1969
  2. Girard v. AndersonSupreme Court of Iowa · 1934
  3. Webb v. DicksonSupreme Court of Alabama · 1964
  4. Madden v. Deere Credit Services, Inc.Supreme Court of Alabama · 1992
  5. State v. BarnhillSupreme Court of Alabama · 1967

11 more not listed; retrieve them via the Exa API.

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