City of Mobile v. Murphree
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. W. E. Clarke. Tliis is an action by Mary J. Murpbree against tbe City of Mobile, to recover damages for personal injuries alleged to have been suffered by tbe plaintiff in consequence of tbe defective and unsafe condition of tbe sidewalk of one of tbe streets of tbe city. Judgment was entered upon a verdict in favor of tbe plaintiff.
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Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon. W. E. Clarke. Tliis is an action by Mary J. Murpbree against tbe City of Mobile, to recover damages for personal injuries alleged to have been suffered by tbe plaintiff in consequence of tbe defective and unsafe condition of tbe sidewalk of one of tbe streets of tbe city. Judgment was entered upon a verdict in favor of tbe plaintiff. Tbe defendant moved for a new trial, on tbe following grounds: (1.) Tbe verdict was contrary to tbe evidence. (2.) Tbe verdict was contrary to tbe law, as given by tbe court in its oral charge, and as…
1Opinion of the CourtWalker, J.
Tbe bill of exceptions does not sbow that any exception was reserved to the ruling of the court on the motion for a new trial. The order overruling the motion appears as a part of the record proper, and in that order it is recited that “defendant excepts.” Whether an exception to such a ruling, which appears only in the judgment-entry, is sufficient to present the ruling for review- by this court, is a question not necessary to be decided in this case. Eor, conceding that the exception is properly disclosed, yet the bill of exceptions does not purport to set out all the evidence, or all the…
2Cases cited1 opinion
- Dodd v. StateSupreme Court of Alabama · 1890
3Cited by8 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Clark v. BlackSupreme Court of Alabama · 1994
- Karter v. PeckSupreme Court of Alabama · 1898
- Travis v. HubbardSupreme Court of Alabama · 1958
- Ewart Lumber Co. v. American Cement Plaster Co.Alabama Court of Appeals · 1913
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