Legal Opinion

Republic I. & S. Co. v. Passafume

Supreme Court of Alabama

Decided February 13, 1913PublishedCited by 10 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Sam Passafume against the Republic Iron & Steel Company for damages for assault and battery. Judgment for plaintiff, and defendant appeals.

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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Sam Passafume against the Republic Iron & Steel Company for damages for assault and battery. Judgment for plaintiff, and defendant appeals. Tbe case made by tbe complaint is that defendant bad a large force of men employed to protect its property against trespass, and to keep people off its premises, and that these agents, servants, or employes of defendant assaulted and beat and shot the plaintiff while engaged in the business of defendant, and within the line and scope of their employment. Most of the occurrence…

1Opinion of the Court

de GRAFFENRIED, J.

The members of this court, except Mr. Justice Mayfield, are of the opinion that there is no reversible error in this record, and this opinion is written for the purpose of giving expression to the views of a majority of the court upon the questions here presented.

1. All of the members of this court are of the opinion that the trial judge committed no error in allowing testi*465mony that parties other than Sam Passafume were arrested shortly after the plaintiff, Sam Passafume, was shot. This testimony was expressly limited by the court, when it was admitted, to proof of agency,…

2Cases cited1 opinion

  1. Hill, Fontaine & Co. v. HeltonSupreme Court of Alabama · 1886

3Cited by10 opinions

  1. Roan v. StateSupreme Court of Alabama · 1932
  2. Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
  3. Jones v. KeithSupreme Court of Alabama · 1931
  4. Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1930
  5. Berry v. DannellySupreme Court of Alabama · 1932

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