Hart v. Coleman
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by Mary Coleman against Sidney J. Hart. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by Mary Coleman against Sidney J. Hart. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Acts of 1911, p. 450. The damages are claimed because on June 20, 1913, plaintiff was occupying a house as a residence in the city of Binningham which plaintiff had rented from defendant, including a porch or gallery, and, in consideration for plaintiff’s paying money therefor, defendant agreed within a reasonable time theretofore during ithe month of May, and before said June…
1Opinion of the CourtMcCLELLAN, J.
The plaintiff appellee was defendant appellant’s tenant, occupying, as a renter from month to month, a dwelling house to which there was a porch or gallery. The floor of the porch was so thoroughly rotten and defective, at least in part, as that it gave way under plaintiff, causing the injuries described in the complaint. She was injured June 20, 1913.
The case was submitted to the jury on the first and second counts only. The first' count is ex contractu, for the alleged breach of an agreement to repair; and the second count is ex delicto, for the alleged negligent breach of a duty arising…
2Cases cited9 opinions
- Anderson v. RobinsonSupreme Court of Alabama · 1913
- Morgan v. SheppardSupreme Court of Alabama · 1908
- Mascott Coal Co. v. GarrettSupreme Court of Alabama · 1908
- McDevitt v. LambertSupreme Court of Alabama · 1886
- Eblin v. Miller's ex'rCourt of Appeals of Kentucky · 1880
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3Cited by15 opinions
- Hart v. ColemanSupreme Court of Alabama · 1917
- Prudential Ins. Co. of America v. ZeidlerSupreme Court of Alabama · 1936
- Bains v. DankSupreme Court of Alabama · 1917
- Hallock v. SmithSupreme Court of Alabama · 1922
- Jacobson v. LeaventhalSupreme Judicial Court of Maine · 1930
10 more not listed; retrieve them via the Exa API.