Birmingham Electric Co. v. Yoast

57 So.2d 103 (1951)

BIRMINGHAM ELECTRIC CO.

v.

YOAST.

6 Div. 185.

Supreme Court of Alabama.

June 28, 1951.

Rehearing Denied January 10, 1952.

Further Rehearing Denied March 6, 1952.

Lange, Simpson, Robinson & Somerville, Birmingham, for appellant.

Hare and Parsons and R. D. Coffman, Birmingham, for appellee.

FOSTER, Justice.

The question presented by appellant on this appeal is whether the court committed reversible error in granting a motion for a new trial made by appellee, who was plaintiff in the trial court, upon the ground that, after the trial of the case, plaintiff's counsel ascertained that a…