Tallapoosa River Electric Cooperative, Inc. v. Burns

LIVINGSTON, Chief Justice.

Robert T. Burns and the Cosby-Iiodges Milling Company, a Corporation, brought suit against the Tallapoosa River Electric Cooperative, Inc., a Corporation, for causing the death of some 2100 baby chicks. The jury returned a verdict for $1500. The defendant moved the court for a new trial. On hearing the motion for a new trial, the trial judge overruled said motion on the plaintiff’s filing a remittitur of all damages in excess of $1,050, which remittitur was filed by the plaintiffs, and the defendant appealed.

The original complaint contained two counts based upon the…