Nevers Lumber Co. v. Fields
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Heard, before Hon. John T. Lackland. " Suit by George B. Fields, administrator, against the Nevers Lumber Company and others. Judgment for plaintiff,, and defendants appeal. During the testimony of Jim Elmore, plaintiff ashed the witness, “State what, if anything, Pete Nevers said to John Nevers about intestate being killed by a defect in the track, and what reply, if any, John Nevers made.”
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Appeal from Marengo Circuit Court. Heard, before Hon. John T. Lackland. " Suit by George B. Fields, administrator, against the Nevers Lumber Company and others. Judgment for plaintiff,, and defendants appeal. During the testimony of Jim Elmore, plaintiff ashed the witness, “State what, if anything, Pete Nevers said to John Nevers about intestate being killed by a defect in the track, and what reply, if any, John Nevers made.” The bill of exceptions then states defendant objected to the question and the court overruled the objection. The witness answered the question as follows: “Pete Nevers…
1Opinion of the CourtDenson, J.
This suit is prosecuted by George B. Fields, as the administrator of Gaius Fields, deceased, against the defendants, C. W. Robinson and J. R. Nevers, as individuals and as partners trading and doing business under the firm name and style of the “Nevers Lumber Company.” The action sounds in damages for negligenly causing the death of plaintiff’s intestate ; the complaint being based on the first subdivision of the employer’s liability act (Code 1896, § 1749).
Conceding that the evidence given by Jim Elmore, as to the conversation between Pete and John Nevers, is objectionable on the ground that…
2Cases cited7 opinions
- Ross v. StateSupreme Court of Alabama · 1903
- Tolbert v. StateSupreme Court of Alabama · 1888
- Richmond & Danville Railroad v. JonesSupreme Court of Alabama · 1890
- Alabama Mineral Railroad v. JonesSupreme Court of Alabama · 1896
- Dryer v. LewisSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Mobile O. R. Co. v. WilliamsSupreme Court of Alabama · 1929