Interstate Amusement Co. v. Martin
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Action by I. D. Martin against tbe Interstate Amusement Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Action by I. D. Martin against tbe Interstate Amusement Company. Judgment for plaintiff, and defendant appeals. The charge referred to in the thirteenth assignment of error is- as follows: “If one Cummings was engaged by the defendant, Interstate Amusement Company, and paid by it for certain performances on the stage, with the production of which the Interstate Amusement Company had nothing to do, your verdict should be for the defendant.” The second count of the complaint was subject to demurrer. — Duseriberry’s Oase, 94…
1Opinion of the CourtWalkeb., P. J.
— The second count of the complaint, as it was amended, avers that on a date named the de--fendant was operating a theater where performances and entertainments were given for a consideration, and. to which the public were invited, that the plaintiff purchased a ticket which entitled him to admission to a performance given by the defendant on that day, one of the acts of which was an exhibition by a named agent or servant of the defendant, and that during the performance of that act said agent or servant, while he *484was acting in the line and scope of bis employment, did invite plaintiff to tbe…
2Cases cited5 opinions
- Horney v. NixonSupreme Court of Pennsylvania · 1905
- Singer Manufacturing Co. v. TaylorSupreme Court of Alabama · 1907
- Western Union Tel. Co. v. ClevelandSupreme Court of Alabama · 1910
- Louisville & Nashville Railroad v. SharpSupreme Court of Alabama · 1911
- Taylor v. CohnOregon Supreme Court · 1906
3Cited by8 opinions
- Sims v. Etowah County Bd. of Ed.Supreme Court of Alabama · 1976
- Lee v. Hale County Board of EducationSupreme Court of Alabama · 2009
- Boswell v. Barnum & BaileyTennessee Supreme Court · 1916
- Castona v. StateAlabama Court of Appeals · 1920
- National Life Ins. Co. of United States v. AbernathySupreme Court of Alabama · 1921
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