Legal Opinion

North Alabama Traction Co. v. Daniel

Alabama Court of Appeals

Decided November 30, 1911PublishedCited by 1 opinion

Appeal from Morgan Circuit Court-. Heard, before Hon. D. W. Speak®. Action by Daniels against t-be North Alabama Traction Company for damages for carrying him past his destination. Judgment for plaintiff in the sum of f1,000, and defendant .appeals.

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Appeal from Morgan Circuit Court-. Heard, before Hon. D. W. Speak®. Action by Daniels against t-be North Alabama Traction Company for damages for carrying him past his destination. Judgment for plaintiff in the sum of f1,000, and defendant .appeals. The charges refused to defendant are as follows: (4) ■“If you believe from the evidence that plaintiff left the car at the barn and started to walk home, he then ceased to be a passenger of the defendant, and the defendant then owed him no further duty.” (11) “The. plaintiff ceased to be a passenger when he got upon the sidewalk, if you believe…

1Opinion of the Court

de GRAFFENRIED, J.

1. The appellee, when this case was tried, was permitted to use the record of the *431complaint in lieu of the complaint, because the complaint, when the trial was had, was lost. This was permissible under section 5737 of the present Code, and the action of the court below in permitting appellee to use the record of the complaint in lieu of the lost complaint, being authorized by statute, was without error.

2. The appellee, under the provisions of section 4049, took the deposition of appellant. When the trial was had, he moved the court to exclude certain portions of said…

2Cases cited5 opinions

  1. Prestwood v. CarltonSupreme Court of Alabama · 1909
  2. Southern Ry. Co. v. ArnoldSupreme Court of Alabama · 1909
  3. Sullivan Timber Co. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1909
  4. Birmingham Railway Light & Power Co. v. OdenSupreme Court of Alabama · 1909
  5. North Alabama Traction Co. v. DanielSupreme Court of Alabama · 1908

3Cited by1 opinion

  1. State ex rel. Rhodes v. GoodsonSupreme Court of Florida · 1913

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