K. B. Koosa & Co. v. Warten
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. O'. W. Ferguson. Action by K. B. Koosa & Co., against Henry Warten for damages. From a judgment for plaintiffs, defendant appeals. The bill of exceptions contains the following: “During the progress of the trial defendant’s counsel remarked, in the presence and hearing of the jury, that he would have to pay any judgment assessed by the jury.
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Appeal from Birmingham City Court. Heard before Hon. O'. W. Ferguson. Action by K. B. Koosa & Co., against Henry Warten for damages. From a judgment for plaintiffs, defendant appeals. The bill of exceptions contains the following: “During the progress of the trial defendant’s counsel remarked, in the presence and hearing of the jury, that he would have to pay any judgment assessed by the jury. Objection was sustained to this statement by the court, and the counsel remarked that this was a very unusual case, the contest upon hearing to assess damages upon a default judgment. Objection to…
1Opinion of the Court
DENSON, J•
Tliis is an action by tenants against their landlord to recover damages resulting from water leaking or escaping from water pipes in an upper story and flooding plaintiffs’ goods located in the lower story. The complaint counts on negligence on the part of the landlord in the use of defective and unsound pipes. There was judgment by default against the defendant, with a writ of inquiry. On the execution of the writ before the jury, questions were reserved to the rulings of the court on the admissibility of evidence and to the giving of charges for the defendant. These rulings and…
2Cases cited3 opinions
- Smith v. StateSupreme Court of Alabama · 1904
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
- Foster v. SmithSupreme Court of Alabama · 1893
3Cited by10 opinions
- Werten v. K. B. Koosa & Co.Supreme Court of Alabama · 1910
- Western Railway of Alabama v. BrownSupreme Court of Alabama · 1967
- Talley v. StateSupreme Court of Alabama · 1912
- Horton v. MOBILE CAB AND BAGGAGE COMPANYSupreme Court of Alabama · 1967
- Blackmon v. W.S. Badcock Corp., Inc.Court of Civil Appeals of Alabama · 1977
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