Howard v. Coleman
Supreme Court of Alabama
Appeal .from the Circuit C'ourt of Balias. Tried before the Hon. Nat. Cook. This action was brought by Miss Mary E. Howard, against Allen W. Coleman, to recover damages for the loss of a slave, named George, who was hired by plaintiff to defendant, for and during the year 1857, and who died of small-pox while in the defendant’s possession during the term.
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Appeal .from the Circuit C'ourt of Balias. Tried before the Hon. Nat. Cook. This action was brought by Miss Mary E. Howard, against Allen W. Coleman, to recover damages for the loss of a slave, named George, who was hired by plaintiff to defendant, for and during the year 1857, and who died of small-pox while in the defendant’s possession during the term. The complaint contained two counts; the first alleging, that the defendant carelessly and negligently exposed the slave to small-pox, whereby he contracted the disease, from which he died; and the second, that he failed and neglected to…
1Opinion of the CourtR. W. Walker, J.
1. The court did not err in overruling the plaintiff’s motion to suppress the deposition of J. E. Todd. The ground assigned for the motion was, that the witness “ did not answer material portions of the 3d, 4th, and 5th cross-interrogatories.” The objection was too general. The plaintiff should have specified what portions of the cross-interrogatories referred to the witness had failed to answer.
2. On comparing the objections made by the plaintiff to cei’tain portions of the testimony of the witness Todd with the deposition of the witness as set out in the record, it is obvious that, either…
2Cited by4 opinions
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- Phillips v. SellersSupreme Court of Alabama · 1868
- Goolsbee's Administrator v. FordhamSupreme Court of Alabama · 1873
- Price v. StoneSupreme Court of Alabama · 1873