Allen v. Stradford

Alabama Court of Appeals

Allen v. Stradford

85 So. 876, 17 Ala. App. 500, 1920 Ala. App. LEXIS 152

CourtAlabama Court of Appeals

DecidedJune 15, 1920

Docket6 Div. 659.

StatusPublished

This text of 85 So. 876 (Allen v. Stradford) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Stradford, 85 So. 876, 17 Ala. App. 500, 1920 Ala. App. LEXIS 152 (Ala. Ct. App. 1920).

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Opinion

MERRITT, J.

This ease was before the Supreme Court in the case of Allen v. Stradford, 201 Ala. 559, 78 South. 955, and the opinion of Mr. Justice Somerville was that the plaintiff was entitled to the affirmative charge. Wo have compared the appeal before us with that before the Supreme Court, the evidence being practically the same, the only difference being that the case made by the appellant is stronger here than in the case before the Supreme Court, and the opinion of Mr. Justice Somerville so ably states the law governing the case that we deem it unnecessary to write further; but suffice it to say that the affirmative charge as requested by the plaintiff in writing should have been given, and for this error. the cause must be reversed.

Reversed and remanded.

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MERRITT, J.

This ease was before the Supreme Court in the case of Allen v. Stradford, 201 Ala. 559, 78 South. 955, and the opinion of Mr. Justice Somerville was that the plaintiff was entitled to the affirmative charge. Wo have compared the appeal before us with that before the Supreme Court, the evidence being practically the same, the only difference being that the case made by the appellant is stronger here than in the case before the Supreme Court, and the opinion of Mr. Justice Somerville so ably states the law governing the case that we deem it unnecessary to write further; but suffice it to say that the affirmative charge as requested by the plaintiff in writing should have been given, and for this error. the cause must be reversed.

Reversed and remanded.

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Bluebook (online)

85 So. 876, 17 Ala. App. 500, 1920 Ala. App. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-stradford-alactapp-1920.

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