Empire Clothing Co. v. Hammons
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; C. W. Ferguson, Judge. Action by Alice Hammons against the Empire Clothing Company and J. H. Upton for damages for an assault and battery. Judgment for plaintiff, and the defendant Empire Clothing Company appeals. Before the case went to trial the complaint was amended by striking J, H. Upton as a party defendant.
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Appeal from Circuit Court, Jefferson County; C. W. Ferguson, Judge. Action by Alice Hammons against the Empire Clothing Company and J. H. Upton for damages for an assault and battery. Judgment for plaintiff, and the defendant Empire Clothing Company appeals. Before the case went to trial the complaint was amended by striking J, H. Upton as a party defendant. The complaint is as follows: “Plaintiff claims of the defendants * * * as damages for an assault and battery committed on or about * * * on plaintiff by the said J. H. Upton, an agent or employe of the said defendant Empire Clothing…
1Opinion of the CourtBricken, J.
[1] The complaint sufficiently states a cause of action against the defendant corporation, and the demurrers thereto were properly overruled. Jebeles-Colias Conf. Co. v. Booze, 181 Ala. 456, 62 South. 12.
[2] Counsel for plaintiff, on cross-examination of defendant’s witness Upton, asked him a certain question, to which defendant objected. The court overruled the objection, and permitted the witness to answer the question. To this ruling of the court the defendant excepted, and now assigns as érror the ruling of the court thereon. No motion was made to rule out the answer. In such a case it is…
2Cases cited4 opinions
- Jebeles-Colias Conf. Co. v. BoozeSupreme Court of Alabama · 1913
- Mitchell v. GambillSupreme Court of Alabama · 1903
- Thomason v. GraySupreme Court of Alabama · 1886
- Western Railway v. WallaceSupreme Court of Alabama · 1911
3Cited by9 opinions
- Moulton v. StateAlabama Court of Appeals · 1923
- Mobile Cab & Baggage Co. v. BusbySupreme Court of Alabama · 1964
- Powell v. BinghamAlabama Court of Appeals · 1940
- Shelley v. ClarkSupreme Court of Alabama · 1958
- Peete v. BlackwellSupreme Court of Alabama · 1986
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