South Brilliant Coal Co. v. Williams
Supreme Court of Alabama
Appeal from Circuit Court, Marion County; T. L. Sowell, Judge. Action by J. D. Williams against the South Brilliant Coal Company. Erom judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The complaint consisted of one count and alleges that the agent or servant of defendant, one Charles Gibbs, while acting within the line or scope of his authority, willfully, wantonly, and maliciously assaulted the plaintiff.
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Appeal from Circuit Court, Marion County; T. L. Sowell, Judge. Action by J. D. Williams against the South Brilliant Coal Company. Erom judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The complaint consisted of one count and alleges that the agent or servant of defendant, one Charles Gibbs, while acting within the line or scope of his authority, willfully, wantonly, and maliciously assaulted the plaintiff. At the time Gibbs was the general superintendent of the defendant company, and acting within the course of his employment. One…
1Opinion of the CourtSomerville, J.
[1] On the testimony of plaintiff and the witness Southern, the jury could have found that plaintiff was either an invitee or a licensee on defendant’s premises at the time of his altercation with defendant’s superintendent, Gibbs, and tbe requested instruction that be was a trespasser was properly refused.
[2, 3] Very clearly the jury could not have been restricted, under tbe testimony before them, to an award of nominal damages merely. Apart from the features of insult and indignity aud hurt to feelings, existent in this case, and for which damages could be given (Republic, etc., Co. v.…
2Cases cited4 opinions
- Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
- Mitchell v. GambillSupreme Court of Alabama · 1903
- Greenwood Cafe v. WalshAlabama Court of Appeals · 1917
- Abney v. MizeSupreme Court of Alabama · 1908
3Cited by7 opinions
- Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924
- Powell v. BinghamAlabama Court of Appeals · 1940
- Shelley v. ClarkSupreme Court of Alabama · 1958
- John R. Thompson & Co. v. VildibillSupreme Court of Alabama · 1924
- Chandler v. GoodsonSupreme Court of Alabama · 1950
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