Scales v. Central Iron & Coal Co.
Supreme Court of Alabama
Appeal from .Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by Willis A. Seales against the Central Iron & Coal Company, for damages for injuries alleged to have been received while in its employment. Judgment for the defendant and plaintiff appeals.
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Appeal from .Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by Willis A. Seales against the Central Iron & Coal Company, for damages for injuries alleged to have been received while in its employment. Judgment for the defendant and plaintiff appeals. The court erred in overruling appellant’s motion to strike the pleas filed more than thirty days after service. — Acts 1896-7, p. 267. The court erred in overruling demurrers to plea 3. —Meriwether v. Sayre M. & M. Go., 49 South. 916; So. Ry. Co. v. Guyton, 25 South. 38. The court erred in giving the general charge for the…
1ConcurrenceMayfield, J.
I concur in granting this application for a rehearing, and in reversing the judgment of the trial court, upon the ground that there was sufficient evidence to carry the case to the jury upon one of the counts; but I am of the opinion that the case should be reversed upon an entirely different ground.
The court, on defendant’s motion and over the objection of plaintiff, excluded all of the plaintiff’s evidence from consideration by the jury. This was undoubtedly error. No trial court can refuse to admit, or can exclude, over the objection of a party, such evidence as is shown by this record,…
2Cases cited5 opinions
- Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891
- McFarland v. BellowsSupreme Court of Missouri · 1872
- Leavitt v. DawsonSupreme Court of Alabama · 1842
- Kemp v. CoxeSupreme Court of Alabama · 1848
- Comstock v. Meek & Co.Supreme Court of Alabama · 1845