Monte v. Narramore
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; C. W. Ferguson, Judge. Action by John C. Narramore against Peter Monte for damages occasioned by being struck by an automobile. Judgment for defendant was set aside on motion, and new trial ordered, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; C. W. Ferguson, Judge. Action by John C. Narramore against Peter Monte for damages occasioned by being struck by an automobile. Judgment for defendant was set aside on motion, and new trial ordered, and defendant appeals. The charges referred to in grounds 9 and 10 are as follows: , (9) The court charges the jury that if, after due consideration of all the evidence in the case, tile jury are in doubt or in a state of confusion as to tbe issues drawn in the case, they cannot find a verdict for plaintiff. (10) The court charges the jury that, if…
1Opinion of the CourtAnderson, C. J.
There was jury and verdict for the defendant, whereupon the plaintiff moved for a new trial, which was granted by the trial court, aud defendant prosecutes this appeal from the action of the trial court in granting plaintiff’s said motion for a new trial.
[1] It is sufficient to say, in justification of the action of the trial court in granting the new trial, that it committed reversible 'error in giving the defendant’s requested charges as embodied in grounds 9 and 10 of the motion for new trial. By use of the word “doubt,” whether coupled with “confusion” in the alternative or not, they…
2Cases cited1 opinion
- Alabama Great Southern Railroad v. RobinsonSupreme Court of Alabama · 1913
3Cited by6 opinions
- Nelson v. LeeSupreme Court of Alabama · 1947
- Britling Cafeteria Co. v. IrwinSupreme Court of Alabama · 1935
- Allen v. Birmingham Southern R. Co.Supreme Court of Alabama · 1923
- Culverhouse v. GammillSupreme Court of Alabama · 1928
- Hill Grocery Co. v. WilsonSupreme Court of Alabama · 1956
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