Smith v. Gaffard
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. E. "W. Péttus. This action was brought by Caroline Smith, an infant suing by her next friend, against James M. Gaffard, The words charged in the complaint were as follows : “ Caroline Smith lost a young one, or miscarried ; it took place at Jack Smith’s, and Mrs. Hawkins was sent for, but it was all over when she got there.”
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Appeal from the Circuit Court of Butler. Tried before the Hon. E. "W. Péttus. This action was brought by Caroline Smith, an infant suing by her next friend, against James M. Gaffard, The words charged in the complaint were as follows : “ Caroline Smith lost a young one, or miscarried ; it took place at Jack Smith’s, and Mrs. Hawkins was sent for, but it was all over when she got there.” “ Caroline Smith has lost a young one; Mrs. Hawkins was sent for, but it was all over when she got there.” “ Mrs. Hawkins told me, that Caroline Smith had lost a young one, anda negro woman found it, and…
1Opinion of the CourtWalker, J.
There was no error in the exclusion by the court of the evidence of the two witnesses, Matthews and Perry, as to the sense in which they understood the words of the defendant, when taken in connection with certain reports. There is a class of cases, which this court has defined in Robinson v. Drummond, 24 Ala. Rep. 174, where it is permissible to prove the sense in which the witnesses understood the words spoken.—Briggs v. Byrd,, 11 Iredell’s Law, 553; S. C., 12 ib. 377 ; Sasser v. Rouse, 13 ib. 142; Snell v. Snow, 13 Metc. 278 ; Morgan v. Livingston, 2 Rich. 573 ; Gibson v. Williams, 4 Wend.…
2Cases cited4 opinions
- Gibson v. WilliamsNew York Supreme Court · 1830
- Robinson v. DrummondSupreme Court of Alabama · 1854
- Kirksey v. FikeSupreme Court of Alabama · 1856
- Perryman v. BurgsterSupreme Court of Alabama · 1837
3Cited by7 opinions
- Myra Corley v. Long-Lewis, Inc.Court of Appeals for the Eleventh Circuit · 2020
- Kee v. Armstrong, Byrd & Co.Supreme Court of Oklahoma · 1919
- Penry v. DozierSupreme Court of Alabama · 1909
- Bullard v. LambertSupreme Court of Alabama · 1866
- Barker v. ByarsSupreme Court of Alabama · 1944
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