Morrison v. State
Supreme Court of Alabama
Trespass After Warning. Appeal from Bessemer City Court. Heard before Hon. William Jackson. Joe Morrison ivas convicted of a trespass after warning, and lie appeals. See 151 Ala. 115, 44 South. 150. The defendant ivas prosecuted for trespassing on the property of the Tennessee Coal, Iron & Bailway Company at Johns, in Jefferson county, Ala.
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Trespass After Warning. Appeal from Bessemer City Court. Heard before Hon. William Jackson. Joe Morrison ivas convicted of a trespass after warning, and lie appeals. See 151 Ala. 115, 44 South. 150. The defendant ivas prosecuted for trespassing on the property of the Tennessee Coal, Iron & Bailway Company at Johns, in Jefferson county, Ala. The evidence tended to show that Byers, who was the general superintendent of the company, and who had charge of its affairs, told Bennett, another agent- of the company, to warn all objectionable persons not to trespass upon the premises of the company at…
1Opinion of the CourtHaralson, J.
H. M. Byers, as is shown, was the superintendent of the railway company. If he, as such agent, warned the defendant not to enter on the lands of the company, he had authority to warn persons not to trespass on the company’s property. The company must act through its agents, and a general superintendent of the company would, by virtue of being such superintendent, act within the scope of such superintendence in giving a warning to any one not to trespass. Section 5606, Cr. Code 1896. The superintendent was, by virtue of his office, authorized to instruct Bennett to give the warning to…
2Cases cited1 opinion
- Matthews v. StateSupreme Court of Alabama · 1886
3Cited by5 opinions
- Johnson v. StateSupreme Court of Alabama · 1964
- Malone v. StateAlabama Court of Appeals · 1917
- Cleveland v. StateAlabama Court of Appeals · 1924
- Tutwiler Coal, Coke & Iron Co. v. TuvinSupreme Court of Alabama · 1908
- Edelman v. City of GadsdenAlabama Court of Appeals · 1918