Southern Railway Co. v. Kirsch
Supreme Court of Alabama
Appeal from Fayette Circuit Court. Heard before Hon. S. H. Sprott. Action by G. Kirsch against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. This is an action for an alleged wrongful assault by the defendant’s conductor or other servant while plaintiff was a passenger on one of defendant’s regular passenger trains in Fayette county.
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Appeal from Fayette Circuit Court. Heard before Hon. S. H. Sprott. Action by G. Kirsch against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. This is an action for an alleged wrongful assault by the defendant’s conductor or other servant while plaintiff was a passenger on one of defendant’s regular passenger trains in Fayette county. The bill of exceptions as to the main issues on the original trial were stricken in motion of appellee, because signed more than six months after the trial of the original cause; but so much of its as contained the proceedings on…
1Opinion of the Court
DENSON. J.
It is conceded by appellant that the bill of exceptions is properly a part of the record only for the purpose of reviewing the action of the court in overruling the motion for a new trial, and therefore the appellant does not insist on the first and second grounds *661in the assignment of errors.—Ala. M. Ry. Co. v. Brown, 129 Ala. 282, 29 South. 548; People’s Saving Bank v. Keith, 136 Ala. 469, 34 South. 925.
Coming, then, to the motion for a new trial, we find the first ground for the motion is that the verdict was contrary to law. It is conceded that this ground is too general, and we…
2Cases cited8 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Ashford v. AshfordSupreme Court of Alabama · 1902
- Alabama Midland Railway Co. v. BrownSupreme Court of Alabama · 1900
- Williams v. Coosa Manufacturing Co.Supreme Court of Alabama · 1903
- Jones & Co. v. TuckerSupreme Court of Alabama · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Smith v. SmithSupreme Court of Alabama · 1950
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- F. Becker Asphaltum Roofing Co. v. MurphySupreme Court of Alabama · 1932
- Bell v. NicholsSupreme Court of Alabama · 1944
- Hamilton v. BrowningSupreme Court of Alabama · 1952
58 more not listed; retrieve them via the Exa API.