Birmingham Waterworks Co. v. Justice
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Horace O. Wilkinson, Judge. Action by A. G. Justice against the Birmingham Waterworks Company for damages for wrongfully cutting off plaintiff’s water service. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 450, Acts 1911. Affirmed.
Read the full summary
Appeal from Circuit Court, Jefferson County; Horace O. Wilkinson, Judge. Action by A. G. Justice against the Birmingham Waterworks Company for damages for wrongfully cutting off plaintiff’s water service. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 450, Acts 1911. Affirmed. On November 11, 1919, judgment was rendered on verdict for plaintiff for $500. Defendant moved for1 a new trial on various grounds, among others that the verdict was excessive. This motion was heard on November 18, and the transcript shows a minute entry as follows:…
1Opinion of the CourtSomerville, J.
The minute entry, which is a part of the record proper, shows, notwithstanding an obvious ellipsis, that defendant’s motion for a new trial was granted on the ground of excessiveness of the verdict, but upon the condition only that plaintiff failed for 20 days to enter a remittitur of $250 of the damages awarded.
The minute entry, however, is contradicted by the recitals of the bill of exceptions, which show that the motion “was overruled.”
[1-3] Where there is a conflict between the record proper and the bill of exceptions, the former controls as to matter which should appear by the record…
2Cases cited4 opinions
- Birmingham Water Works Co. v. FergusonSupreme Court of Alabama · 1909
- Central of Georgia Railway Co. v. GrossSupreme Court of Alabama · 1914
- Stokes v. HintonSupreme Court of Alabama · 1916
- Johnson v. CoxSupreme Court of Alabama · 1916
3Cited by15 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Forest Hill Corp. v. Latter & Blum, Inc.Supreme Court of Alabama · 1947
- Ray v. RichardsonSupreme Court of Alabama · 1948
- Windom v. StateAlabama Court of Appeals · 1922
- Alabama Gas Co. v. JonesSupreme Court of Alabama · 1943
10 more not listed; retrieve them via the Exa API.