Montgomery & West Point Railroad v. Varner
Supreme Court of Alabama
ERROR to the Circuit Court of Chambers. Tried before the Hon. John J. Woodward. 1. Opinions, belief, deductions from facts, and such like, are matters which belong to the jury, and by which they arrive at their verdict. When the examination extends to these, the judgment of the witnesses is substituted for that of the jury, and their province invaded. — 1 Greenl.
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ERROR to the Circuit Court of Chambers. Tried before the Hon. John J. Woodward. 1. Opinions, belief, deductions from facts, and such like, are matters which belong to the jury, and by which they arrive at their verdict. When the examination extends to these, the judgment of the witnesses is substituted for that of the jury, and their province invaded. — 1 Greenl. Ev. 515, § 440 ; Andrews & Bros. v. Jones, 10 Ala. 460; Jones v. Donnell, 13 Ala. 511; Lincoln v. Saratoga and Schenectady R. R. Comp. 28 Wend. 432-3-4. 2. In no case has a witness been permitted to speak to the amount of damage,…
1Opinion of the CourtDargan, C. J.
This proceeding was commenced by the Montgomery and West Point Railroad Company before a justice of the peace, in accordance with the provisions of their charter, to ascertain the value of the land, stone, gravel and timber, that might be used by the company in constructing their railroad over the lands of Alexander Varner. A jury was impan-nelled, who returned a verdict, assessing the value at two thousand and eight dollars. The company appealed to the Circuit Court, and prayed a trial de novo, which they are allowed to do by their charter. Upon the trial in the Circuit Court, Varner…
2Cases cited1 opinion
- Herrick v. LaphamNew York Supreme Court · 1813
3Cited by23 opinions
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
- Town of Eutaw v. BotnickSupreme Court of Alabama · 1907
- Alabama & Florida R. R. v. BurkettSupreme Court of Alabama · 1868
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