Alabama Steel & Wire Co. v. Griffin
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by J. H. Griffin, administrator of C. Cahill, deceased, against the Alabama Steel & Wire Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by J. H. Griffin, administrator of C. Cahill, deceased, against the Alabama Steel & Wire Company. From a judgment for plaintiff, defendant appeals. This cause, as appears from tbe opinion, was tried upon counts 5, 6, 9,' and 11, wliicb are as follow's: “(5) Plaintiff claims of the defendant the sum of twenty-five thousand dollars damages, for that heretofore, to-wit, the 18th day of February, 1904, tbe defendant was engaged in operating a plant at or near Gadsden, Ala., for tbe manufacture of pig iron and other material;…
1Opinion of the Court
ANDERSON, J. —
In the opening argument counsel for the plaintiff stated to the court and jury that plaintiff did not claim a recovery in the case on any count of the complaint except the fifth, sixth, ninth, and eleventh; and the court, in the oral charge to the jury, limited plaintiff’s right to recovery upon these counts and these alone. This was in effect an amendment of the complaint by striking out all the other counts, and, if there was any error apon the pleading in reference to-said abandoned counts, it was error without injury, and we will only consider the rulings on the pleadings *434whi…
2Cases cited26 opinions
- Barbier v. ConnollySupreme Court of the United States · 1884
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Nichols v. WalterSupreme Court of Minnesota · 1887
- Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
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3Cited by32 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Jones v. Americar, Inc.Supreme Court of Alabama · 1969
- W. T. Ratliff Company, Inc. v. PurvisSupreme Court of Alabama · 1974
- City of Montgomery v. MoonSupreme Court of Alabama · 1922
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