Sloss-Sheffield Steel & Iron Co. v. House
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Moses House against the Sloss-Sheffield Steel & Iron Company. Judgment for plaintiff. Defendant appeals. The court erred in permitting plaintiff as a witness to state that the land on which the well was belonged to plaintiff and was his homestead. — Wheeler v. Tutwiler C. Co., 43 South. 15. Counsel discuss other assignments of error relative to evidence but without citation of authority.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Moses House against the Sloss-Sheffield Steel & Iron Company. Judgment for plaintiff. Defendant appeals. The court erred in permitting plaintiff as a witness to state that the land on which the well was belonged to plaintiff and was his homestead. — Wheeler v. Tutwiler C. Co., 43 South. 15. Counsel discuss other assignments of error relative to evidence but without citation of authority. They insist that the court’s oral charge was erroneous. — Gibson v. Williams, 84 Ala. 228. On this authority they insist that…
1Opinion of the CourtDowdell, J.
— This is an action by the appellee, plaintiff beloAv, to recover damages alleged to have been caused by the negligent operation by the defendant of its coal mine under plaintiff’s land, whereby plaintiff’s well was dried up. No questions arise on the pleadings for our consideration.
The first assignment of error is that the court erred in sustaining plaintiff’s objection to defendant’s question to plaintiff, on his cross-examination as a witness, as to what plaintiff had alleged in his complaint. As to what the plaintiff alleged in his complaint Avas, as evidence in the case, wholly…
2Cited by10 opinions
- Barton v. Burton Mfg. Co.Supreme Court of Alabama · 1918
- Eidson v. McDanielSupreme Court of Alabama · 1927
- Central of Georgia Railway Co. v. StephensonSupreme Court of Alabama · 1914
- West Kentucky Coal Co. v. DilbackCourt of Appeals of Kentucky (pre-1976) · 1927
- Corona Coal Co. v. ThomasSupreme Court of Alabama · 1924
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