Ex parte Steverson
Supreme Court of Alabama
Original petition in the Supreme Court. Petition by J. M. Steverson for certiorari to review the judgment and opinion of tbe Court of Appeals in the case of Cent, of Ca. By. Co. v. J. M. Steverson, 3 Ala. App. 313; 57 South. 494, wherein it ordered a reduction of the verdict, which being refused by appellee, the cause was reversed and remanded for new trial.
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Original petition in the Supreme Court. Petition by J. M. Steverson for certiorari to review the judgment and opinion of tbe Court of Appeals in the case of Cent, of Ca. By. Co. v. J. M. Steverson, 3 Ala. App. 313; 57 South. 494, wherein it ordered a reduction of the verdict, which being refused by appellee, the cause was reversed and remanded for new trial. It was not petitioner’s duty to abate the nuisance and not being Ms duty, to abate the nuisance it was not his duty to minimize the damages. — Orommelin v. Gox, 30 Ala. 318; 29 Cyc. 1271. The fact that plaintiff might have removed the…
1Opinion of the CourtMcCLELLAN, J.
Upon the conclusion that' the judgment against the Central of Georgia Railway Company Avas excessive in the sum of |200, and hence erroneous, the Court of Appeals submitted to petitioner (plaintiff) Avhether he would consent to the reduction of the judgment by that sum. This petitioner declined to do, Avliereupon the Court of Appeals reversed the judgment and remanded the cause.
The procedure folloAved to the extent indicated by the Court of Appeals was in accord with that prescribed by the act approved April 21, 1911 (Acts 1911, p. 587), which, in its substantive provisions reads:
“Section 1.…
2Cases cited2 opinions
- Kennon v. GilmerSupreme Court of the United States · 1889
- Crommelin v. CoxeSupreme Court of Alabama · 1857
3Cited by26 opinions
- Postal Tel. Cable Co. v. MinderhoutSupreme Court of Alabama · 1916
- Moore v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1991
- Kraas v. American Bakeries Co.Supreme Court of Alabama · 1935
- Stallings v. StateSupreme Court of Alabama · 1946
- Rochester-Hall Drug Co. v. BowdenSupreme Court of Alabama · 1928
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