Climer v. St. Clair County Telephone Co.
Supreme Court of Alabama
Appeal from Circuit Court, St. Glair County; J. E. Blackwood, Judge. Action by Mrs. T. J. Climer and others against the St. Glair County Telephone Company, for trespass to lands. Judgment for defendant, and plaintiffs appeal. Transferred from the Court of Appeals under Acts-1911, p. 449, § 6. The gravamen of the complaint is sufficiently indicated in the opinion.
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Appeal from Circuit Court, St. Glair County; J. E. Blackwood, Judge. Action by Mrs. T. J. Climer and others against the St. Glair County Telephone Company, for trespass to lands. Judgment for defendant, and plaintiffs appeal. Transferred from the Court of Appeals under Acts-1911, p. 449, § 6. The gravamen of the complaint is sufficiently indicated in the opinion. The following charges were given for defendant: (2) I charge you that unless you believe from the evidence in this case that Bowley as an agent, employé, or servant of defendant, while acting in the line and scope of his duty, cut…
1Opinion of the CourtAnderson, C. J.
[1-3] There was proof upon the trial that the agents or servants of the defendant, while acting within the scope of their employment and under the direction of the president of the defendant company, trespassed upon the plaintiffs’ property by cutting saplings, limbs, etc., and breaking down the fence, and that these acts were not confined to saplings or limbs upon the road bed or edge of same, but extended to the premises owned hy and in possession of the plaintiffs. The evidence shows that some of the trees or saplings cut had plaintiffs’ fence attached thereto, and there was proof that at…
2Cases cited4 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Farmers' & Merchants' Bank v. HollindSupreme Court of Alabama · 1917
- Western Union Telegraph Co. v. DickensSupreme Court of Alabama · 1906
- Tallman v. DrakeSupreme Court of Alabama · 1896
3Cited by8 opinions
- Conway v. RobinsonSupreme Court of Alabama · 1927
- McCaa v. ThomasSupreme Court of Alabama · 1922
- Hodges v. WellsSupreme Court of Alabama · 1932
- Webb v. City of BirminghamSupreme Court of Alabama · 1966
- McQueen v. StateAlabama Court of Appeals · 1920
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