Gilmer v. City Council of Montgomery
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. Robert Dougherty. Action on the case by Francis M. Gilmer and William Taylor against the City Council of Montgomery, “ to recover damages,” as the endorsement on the writ states, “ for defendant’s negligence and carelessness in permitting the rain water to run upon plaintiffs’ lots, Nos. 1, 2, 9 and 10 in square No. 2, known as the Bibb & Nickels warehouse, from-street in the city of Montgomery, and thereby…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. Robert Dougherty. Action on the case by Francis M. Gilmer and William Taylor against the City Council of Montgomery, “ to recover damages,” as the endorsement on the writ states, “ for defendant’s negligence and carelessness in permitting the rain water to run upon plaintiffs’ lots, Nos. 1, 2, 9 and 10 in square No. 2, known as the Bibb & Nickels warehouse, from-street in the city of Montgomery, and thereby washing and undermining plaintiffs’ said lots, and injuring the same.” The .plaintiffs’ bill of exceptions shows these…
1Opinion of the Court
CHILTON, O.J.
-1. The bill of exceptions states, that upon the trial in the court below, the defendant proposed to ask a witness on the slanci "if there were not other ravines in the city which had increased in size for• the last twenty years in as great a proportion as this ravine had increased ;" that the court overruled the plaintiffs' objection to the ques*669tion, and allowed the witness to state that there were. The counsel for the appellee here insists, that the objection was to the question merely, and goes to its form, and not to the answer ; but we think, if the inquiry was illegal and…
2Cited by8 opinions
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- Gager v. Doe, ex dem. GordonSupreme Court of Alabama · 1856
- O'Grady v. JulianSupreme Court of Alabama · 1859
- Powell's Distributees v. Powell's LegateesSupreme Court of Alabama · 1857
- Masterson v. MastersonSupreme Court of Alabama · 1858
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