The Montgomery advertiser., 1908-09-02
NEFF V. WILLIAMSON:

Aesnmpsit. (Decided Aprii ', TWO "
 Evidence; checks: admission-The Admission of a note and check drawn by one party in favor of person not a party to the suit. where limited 10 corroboration of point already es- fahIished by other evidence ana Tor that purpose only. Is harmless IT er- TOT at all.
 q. Master and servant; compensa- ton: action for; instruction-Although the place at which he worked pe- longed to another. the person doing the service is entitled to recover or defendant if employed by defendant;
 a Same-A charge asserting that 1T defendant did not employ Williamson for herself there should be a verdice for defendant is properly refused Tor pretermitting the hypothesis that ne mixht have been employed by her 10 uerform service for some one else.
 q Trial: instructions: conformity to exfdence---A charge asserting that there is no evidence of the time of ser vices and directing a verdict for de- fendant is properly refused where the evidence for plaintiff shows the time of the contract, that he went to work Immediately thereafter and worked until certain timc.
 S Same; jury question; directing verdict--Where there is a conflict In the evidence as to any material mat ter the affirmative charge is properly refused.
 Appeal from Colbert Circuit Court.
 Heard before Hon. C. P. Alinon.
 Affirmed. Opinion by Anderson, J.
 Tyson, c. J., Dowdell and Mcclellan, JJ.. concur.
 GooDsoN V. STEWART. EFT AL Trespass to Realty by Cutting Trees.
 fDecided April g. 1908. 4s South.
 23s.)
 I. Logs and logging; sale of stand ing timber, interest in land--A con vcyance of standing timber conveys an interest in the lands supporting 1t. with a right of entry for the purpose of removal
 s. Same: time of removal--Where conveyance of standing timber contains no stipulation as to the time within winch the standing timber shall be re- moved. a reasonable time only is con veyed to tho purchaser in which to re- move. and an entry fifty-one years af- ter the conveyance is not within reasonable time.
 3. Trespass; real estate; damages Although the conveyance fixes no time for the removal of timber ,and hence. removal must be made within a req sonable time, the title to the timber. after a reasonable time has elapsed. IN not 1OFLe1LeO Dy A 0Stdy m TciuoVa1 and the removal of the timber is not an element of damage on a trespass by entry of the purchaser of the tim- ber.
 4 Same; issues: jury question Where the evidence tended to support a finding for trespass to realty. and the conveyance of the timber afforded no defense, the question of a trespass vol non should have been submitted to the jury.
 $. Same; exemplary damages Where the evidence tended to show that prior to the alleged trespaaz plaintiff warned defendant not to go upon the land. the question of exem- plary damages was for the jury to de- termine.
 6. Damages; exemplary damages: grounsis-Mere nominal damage for q mere invasion of the rights of one injured will sustain a recovery of ex- emplary damages, and no other actual damage need be awarded
 Appeal from Autauga Circuit Court
 Heard before Hon. S. L. Brewer
 Reversed and remanded Opinion by Mcclellan. J.
 Tyson. c. J.. Dowdell and Anderson, U, concur.