Roy v. Louisville & Nashville Railroad
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Assumpsit by P. H. Roy against the Louisville & Nashville Railroad Company. From a judgment of non suit, plaintiff appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Assumpsit by P. H. Roy against the Louisville & Nashville Railroad Company. From a judgment of non suit, plaintiff appeals. The appellant is entitled to have the court pass upon the ruling of the trial court in sustaining demurrers to his general and special replication to the pleas. — Richard v. Sweeney, 109 Ala. 651; Bank v. Baker Hill, 108 Ala. 635. Counsel then insists, with citation of authority, that these several rulings were incorrect. The court was in error in non-suiting the. plaintiff against his objection, but…
1Opinion of the Court
THOMAS, J. —
In this case the plaintiff, as a witness on the stand for himself, refused on cross-examination to answer a fair and lawful question propounded to him by defendant’s counsel with respect to a matter material to the issues in the case. The plaintiff had brought suit on the common counts for work and labor done, and the defendant set up in his pleas that the work and labor had been done under a special contract in writing (which plaintiff denied) and a breach of same by plaintiff. On cross-examination of the plaintiff as a witness for himself, this alleged contract was, .by…
2Cases cited7 opinions
- Smith v. WoodingSupreme Court of Alabama · 1852
- Luke v. Calhoun CountySupreme Court of Alabama · 1876
- Hogan's Ex'r v. CalvertSupreme Court of Alabama · 1852
- Saunders v. CoffinSupreme Court of Alabama · 1849
- Tate v. McCrarySupreme Court of Alabama · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Marx v. Barbour Plumbing & Elec. Co.Alabama Court of Appeals · 1914
- Freedman v. Gibsons Inc.Supreme Court of Rhode Island · 1938
- Thompson v. City of BirminghamAlabama Court of Appeals · 1927