The Montgomery advertiser., 1907-11-29
Supreme Court Rules in
 Damage Case.
[oIDS FOR NORTH BIRMINGHAM
Town Claimed It Was Not Liable
 For Injuries.
manuel P. Posey Brought Suit at Eisc- srfc Lighting Plant and Defense Wa. Town Had No Right to
 own It. ..

Alabama's department of justice did not lay off for Thanksgiving yester- day, the Supreme Court performins more than its usual amount of work. cisions and hearing arguments Tn number of briefs submitted.
 The most important of the decisions handed down was tr the case of sam uel R. Posey vs. North Birmingham. Posey sued the municipality of North Birmingham for damages received al the electric lighting plant, which IS owned by the municipality.
 The defense of the town was that there was nothing in its charter which permitted it to own such a plant. and that it had no right to own the plant. On this evidence the lower court found in favor of the defendants and this < decision was affirmed by the Supreme Court.
 There was submitted from the First Division-Mobile Division - forty-six cases and from the Sixth Division Birmingham Division--13S cases. Never in the history of the Supreme Court has this number of submissions been reached from these divisions. There seems to be an increase in the num- Der of cases submitted from every quarter of the State
 Decisions Handed Down.
 The Supreme Court handed down opinions in the following cases yes terday:
 Tyson, C. J.-J M Garrett V. May E field woolen Mills. appeal from Coffee Circuit Court: affirmed.
 W. H. MacAfee as Assignee. etc. v. F. Giacoppazzi. appeal from Jefferson Chancery Court: affirmed.
 Dowdell. J.-Provident Saving Life Assurance Society V Oscar Pruett, ap- peal from Montgomery City Court: af- firmed.
 Samuel R. Posev V North Birming ham. appeal from Jefferson Circuit Court: affirmed.
 J. W. Vest V. W. Speakman. appeal and remanded.
 W. H. MacAfee as Assignee, etc., B. s, Catching as Assignee. etc. ap- peal from Jefferson Chancery Court; affirmed.
 Southern Hallway Company V. Ade- iaide Stewart as Administratrix. ap- peal from Jackson Circuit Court: re- versed and remanded.
 w. A. Jackson V. Clara M. Parish, ap- peal from Montgomery City Court; af- firmed.
 James speakman V J. w Vest ap- peal from Morgan Circuit Court; affirm ed.
 A. H. Hackney ct al, V. M. M. Per- ry, appeal from Talladega City Court; reversed and remanded.
 W. P Reaves V. Anniston Knitting Mills. appeal from Calhoun Circuit Court; reversed and remanded.
 Simpson. J.-Alex Davis " The State of Alabama. appeal from Coffee Circuit Court; reversed and remanded.
 Anderson. J.-Fitzpatrick Square Bale Ginning Go. V. Robert McLaney, appeal from Bullock Circuit Court; af- Armed. Central of Georgia Railway V. Jes. SC Geopp. appeal from Montgomery City Court: affirmed.
 W. W. Haygood V. Clara M Parish, appeal from Montgomery City Court. affirmed.
 c. W. Dolberry ct all, as Administra- tors V. John Dolberry ct al. appeal from Jackson Chancery Court: af- firmed.
 Dennis Elmore ct al V. S. D. Fields, appeal from Fillmore Circuit Court; re. versed and remanded.
 Ebert Sanders. pro ami, V. J. J. Cur ley. appeal from Morgan Chancery Court: affirmed.
 W. E. Russell V. J. F Ballard ct al. appeal from Morgan Chancery Court, affirmed.
 Mcclellan. J.-Southern Railway Co V. Richard Wilson. appeal from Col bert Circuit Court; dismissed by agree ment of parties.
 Birmingham Railway, Light and Power Co. V F. A. Wright, appeal from Birmingham City Court; reversed and remanded.