Woodward Iron Co. v. Collins
Supreme Court of Alabama
Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. v Action for damages for assault and battery by John Collins against the Woodward Iron Company. Judgment for plaintiff, and defendant appealed.
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Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. v Action for damages for assault and battery by John Collins against the Woodward Iron Company. Judgment for plaintiff, and defendant appealed. Transferred from the Court of Appeals under Acts 1911, p. 449, § G. The complaint alleges that J. C. Duffle, who was defendant’s roadmaster in Jefferson county, and while acting within the line and scope of his employment as said roadmaster, committed an assault and battery wrongfully upon plaintiff. During the examination of plaintiff he referred to a letter that he had Written Mr. Duffle,…
1Opinion of the CourtAnderson, C. J.
[1] The letter from the plaintiff to Duffie was merely incidental or collateral to the real issue in the case and there was no- error in permitting proof of same by the copy instead of the original. Moreover, there was no serious conflict in the evidence as to the contents of same or a denial of the receipt of same. M., J. & K. C. R. R. v. Hawkins, 163 Ala. 582, 51 South. 37; Costello v. State, 130 Ala. 143, 30 South. 376; Cobb v. State, 100 Ala. 19, 14 South. 362.
[2] The trial court will not be reversed for refusing the defendant’s requested charge which we designate A. Whether good or not…
2Cases cited3 opinions
- Mobile, J. &. K. C. R. R. v. HawkinsSupreme Court of Alabama · 1909
- Cobb v. StateSupreme Court of Alabama · 1893
- Costello v. StateSupreme Court of Alabama · 1900
3Cited by1 opinion
- S. H. Kress & Co. v. BarrattSupreme Court of Alabama · 1933