Greenwood Cafe v. Walsh
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by J. L. Walsh against the Greenwood Cafe. From a judgment for plaintiff, defendant appeals. Charge B refused to defendant was as follows: If, upon consideration of the whole evidence, the jury is reasonably satisfied from the evidence that plaintiff entered willingly into a fight with defendant, then, in that event, plaintiff cannot recover.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by J. L. Walsh against the Greenwood Cafe. From a judgment for plaintiff, defendant appeals. Charge B refused to defendant was as follows: If, upon consideration of the whole evidence, the jury is reasonably satisfied from the evidence that plaintiff entered willingly into a fight with defendant, then, in that event, plaintiff cannot recover. The tenth proposition argued by appellant is to the overruling of defendant’s objection to the introduction in evidence of certain photographs of plaintiff showing bandages, etc.…
1Opinion of the CourtPelham, P. J.
This case should be styled “Arthur Greenwood, appellant, v. J. L. Walsh, appellee,” for the reason that, though the suit was originally against Greenwood Cafe, a partnership composed of Arthur Greenwood, Spiro Greenwood and James Greenwood, individually, all parties except Arthur Greenwood were, under the pleadings, stricken as defendants, leaving the suit in the court below simply that of J. L. Walsh v. Arthur Greenwood. After considerable pleading, not necessary to be stated, the cause was finally tried on coünt No. 3, which reads as follows: “Count No. 3. Plaintiff claims of the defendants…
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- Mitchell v. GambillSupreme Court of Alabama · 1903
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