Hudson v. Birmingham Water Works Co.

GARDNER, Chief Justice.

This is an unlawful detainer suit brought by the Birmingham Water Works Company against Birdie Hudson for recovery of possession of a small tract of land, formerly leased to one Acton for a barbecue and sandwich stand, the subject of former litigation between these parties. Hudson v. Birmingham Water Works Co., 238 Ala. 38, 189 So. 72.

The appeal presents only one question, the propriety of the action of the trial court in giving for plaintiff the general affirmative charge and refusing like charge, requested by defendant. There were no conflicts in the proof.

Undisputedly…