Alabama Fuel & Iron Co. v. Rice
Supreme Court of Alabama
Action by I. A. Rice against the Alabama Fuel & Iron Company, and others, for damages because of an assault and battery, and false imprisonment. Judgment for plaintiff and defendant appeals. There was misconduct on the part of the officers of the court, and of the jury, sufficient to vitiate the verdict.—Martin v. State, 73 S. E. 686; Ellerbe v. State, 41 L. R. A. 561. The affidavits were admissible in evidence.—25 Barb. 98; E. C. M. & B. v. Phillips, 98 Ala. 170; 53 Am.
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Action by I. A. Rice against the Alabama Fuel & Iron Company, and others, for damages because of an assault and battery, and false imprisonment. Judgment for plaintiff and defendant appeals. There was misconduct on the part of the officers of the court, and of the jury, sufficient to vitiate the verdict.—Martin v. State, 73 S. E. 686; Ellerbe v. State, 41 L. R. A. 561. The affidavits were admissible in evidence.—25 Barb. 98; E. C. M. & B. v. Phillips, 98 Ala. 170; 53 Am. Dec. 94; 43 Pac. 124; Perkin,s v. Slate, 50 Ala. 150; Phenix I. Go. v. Moocj, 81 Ala. 343; DeJarnett v. Gox, 128 Ala. 523.…
1Opinion of the CourtSomerville, J.
The communication made by the bailiff to the jury that the trial judge had gone away, and that he would keep the jury together until the return of the judge several days later, unless they reached a verdict before that time, was, under the circumstances shown by the record, a presumptive coercion of the verdict which quickly followed the bailiff’s announcement.
*461This case cannot be materially distinguished from that of K. C., M. & B. R. Co. v. Phillips, 98 Ala. 170, 13 South. 65, where the reasons for the conclusion are fully stated; and on the authority of that case defendant’s motion to set…
2Cases cited3 opinions
- Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
- Talladega Insurance v. PeacockSupreme Court of Alabama · 1880
- Johnson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1910
3Cited by32 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Standard Oil Co. v. DavisSupreme Court of Alabama · 1922
- Huddleston v. StateAlabama Court of Appeals · 1953
- State v. AdamsOhio Supreme Court · 1943
- Wells v. Henderson Land & Lumber Co.Supreme Court of Alabama · 1917
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