Hood v. Pioneer Mining & Manufacturing Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. . Tried, before tbe Hon. James B. Head. Tbis action was brought by the administrator of Joseph J. George, deceased, who was killed while in the discharge of his duties as brakeman on the railroad of the defendant corporation; and was founded on the statute.- — Code, § 2590, The case was submitted to the decision of the court without a jury, but no exception was reserved to the judgment or conclusion of the court on the evidence,…
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Appeal from tbe Circuit Court of Jefferson. . Tried, before tbe Hon. James B. Head. Tbis action was brought by the administrator of Joseph J. George, deceased, who was killed while in the discharge of his duties as brakeman on the railroad of the defendant corporation; and was founded on the statute.- — Code, § 2590, The case was submitted to the decision of the court without a jury, but no exception was reserved to the judgment or conclusion of the court on the evidence, though several exceptions were reserved to its rulings in excluding evidence. These exceptions related to several portions…
1Opinion of the CourtColeman, J.
The judgment, in our opinion, must be affirmed for several seasons. The bill of exceptions does not purport to set out all the evidence. It was declared in Griggs v. State, 58 Ala. 425, that “where certain evidence is set out in the bill of exceptions, but it is not expressly stated that it is all the evidence, the appellate court can not hold that the bill of exceptions contains all the evidence.” We have uniformly held to the rule, that unless the bill of exceptions showed that all, or substantially all of the evidence, was set out, this court would presume, in order to sustain the ruling…
2Cases cited2 opinions
- North Birmingham Street Railway Co. v. CalderwoodSupreme Court of Alabama · 1889
- Griggs v. StateSupreme Court of Alabama · 1877
3Cited by19 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Williams v. Woodward Iron Co.Supreme Court of Alabama · 1894
- Shepherd v. ClementsSupreme Court of Alabama · 1931
- Evansville, Paducah & Tennessee River Packet Co. v. SlaterSupreme Court of Alabama · 1893
- Hunt v. Johnson, Parke & Co.Supreme Court of Alabama · 1892
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