Legal Opinion

Wells Amusement Co. v. Means

Alabama Court of Appeals

Decided November 21, 1911PublishedCited by 4 opinions

Appeal from'Birmingham City Court. Heard before Hon. Charles A. Senn. ■ Action by Thomas Means against' the Wells Amusement Company for damages for being ejected from a jhayhou.se, and assaulted' and otherwise injured. Judgment ' for plaintiff and defendant appeals. The court was in error in permitting Going to testify that he has never heard of the plaintiff ever being drunk or drinking at all.

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Appeal from'Birmingham City Court. Heard before Hon. Charles A. Senn. ■ Action by Thomas Means against' the Wells Amusement Company for damages for being ejected from a jhayhou.se, and assaulted' and otherwise injured. Judgment ' for plaintiff and defendant appeals. The court was in error in permitting Going to testify that he has never heard of the plaintiff ever being drunk or drinking at all. Under the circumstances, defendant had the right to eject plaintiff, and the court should have given charge 2. — B. R. & E. Co. v. Baird, 180 Ala. 344; • ... The. evidence was admissible and the court…

1Opinion of the Court

WALKEN,. P. J.

The defendant introduced evidence tending to show that,the plaintiff was drunk and disorderly on the occasion of his being put out of the defendant’s theater. S. F. Cunningham, a witness introduced in rebuttal by the plaintiff, stated: “I have known this negro Tom Means [the plaintiff] for several years, hut I cannot say exactly how long — for several years.” The plaintiff’s counsel then asked the witness the following question: “I say, have you ever known of him drinking any or being under the influence of intoxicating liquors in any way?” The defendant objected to the question…

2Cases cited3 opinions

  1. Xenia Bank v. StewartSupreme Court of the United States · 1885
  2. Brewer v. WatsonSupreme Court of Alabama · 1880
  3. Steen v. SwadleySupreme Court of Alabama · 1899

3Cited by4 opinions

  1. Hadnot v. StateAlabama Court of Appeals · 1912
  2. Roberson v. StateCourt of Criminal Appeals of Alabama · 1976
  3. Turner v. StateAlabama Court of Appeals · 1916
  4. Henley v. StateAlabama Court of Appeals · 1912

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