The Birmingham age-herald., 1916-02-04
DAMAGE SUIT REVERSED

pIeIIl6 COurI.
 DAMAGE SUIT REVERSED
 The court reversed and remanded for another trial the case of Dr. H. A. McKinnon against Henry w. Brown and Mrs. Lonnie Brown, growing out of a suit for $20,000 damages for in juries sustained by the plaintiff in fall ing over a stake on the sidewalk in front of the defendants residence.
 The Jefferson circuit court decided for the defendants, and an appeal was imm ediately taken to the supreme court. One of the causes assigned for a decis- ion in favor of the defendants was that the bill had not set out whether the accident occurred during the day or night. The higher court held that the question of whether or not the claim should specify the hour of the day or night was a "mere dictum," so long as the day was given. The court affirmed the Birmingham city court in giving 5000 to A. J. Skotzy as damages for injuries sus- tained by being struck by car of the Alabama Great Southern railway in Bir- mingham. The suit was for $15,000. DEClUES FOR BANk The case of the Jefferson County Savings bank against J. c. Garland & Co. for S20,000 due the bank for money loaned the defendants, was reversed and remanded for a new trial Suit was brought by the bank in September, 1913 It was brought out at the trial that the defendants lived in Ohio, and the action was brought in Jefferson county and that the summons and complaint were served in Cullman county. The lower court decided for the defendants The question before the supreme court was whether or not on the facts the defendants were suable in Jefferson county, and that tribunal held that the suit had been properly brought. Other cases handed down by the su- preme court today were as follows: DECISIONS ANNOUNCED Anderson, c. J. J. R. Phillips V. T. L. Shotts, appeal from Marion circuit court; affirmed Mary Robinson. admX., etc., vs. --ary- land Coal & Coke Co.,. appeal from Wal ker circuit court; reversed and re- manded.
 Mcclellan, J. H. M. Harton ct al. vs. S. c. M. Anna son, appeal from Jefferson chancery court reversed and remanded. F. B. Bower, as tax collector, V. Amer ican Lumber & Export Co.,. appeal from Birmingham city court; reversed and re- manded.
 Jesse White V. State of Alabama, ap- peal from Jefferson criminal court; af- firmed March 24th, 1916 set as date for execution of sentence of the law. Sayre, J.
 c. B. Rogers, treasurer, v Charles f. White, secy., question certified by the court of appeals; opinion to the court Of appeals.
 Jefferson County Savings Bank " J. c. Garland, ct al; appeal from Birmingham city court; reversed and remanded
 Mary Bell, ct al. V. Corneia Bell, ct al, appeal from Jefferson probate court; reversed and remanded.
 United States Cast Iron Pipe & Foun- dry Go. V. Ben Mccoy, appeal from Bes- semer city court; reversed and re- manded.
 al, appeal from Jefferson chancery court; affirmed.
 l.. & NJ R. R. Co. V. John Porter, admr., appeal from Blount circuit court; reversed and remanded.
 I. S. Brothers, ct al. V. Russell & Duke, appeal from Gadsden city court; af- fiimed in part, reversed in part and re- manded.
 Gardner J.
 
 Shotzky, appeal from Birmingham city court; affirmed.
 H. A. McKinnon V. City of Birming ham, appeal from Jefferson circuit court; reversed and remanded.
 J. R. Browning V. St. Clair county, ap- peal from St. Clair probate court af firmed,
 F. M. Warren ct al. V. J. O. Crow, ap- real from DeKalb chancery court; af- firmed.
 Rulings on applications for rehearing, announced in supreme court of Alabama Thursday, February g. 1916:
 Mobile Temperance Hall association vs. Mary F. Holmes et al, appeal from Mobile chancery court; application over ruled.
 Jennie H. Bidwell, executrix, etc, vs. Howard D. Johnson, appeal from Mobile chancery court application overruled. Dilla Chance vs John c. Chapman, ap- peal from Coosa circuit court; applica- tion overruled.
 w. B. Gilbert vs Talladega Hardware company, appeal from Chambers chan cery court; application overruled. T.. N. Harris vs. E. V. Jones ct. al., appeal from Coosa chancery court; appli- cation overruled. Western Union Telegraph company vs E. w. Favish, appeal from Birmingham city court; application granted, judg- ment of affirmance set aside, judgment of lower court reversed and cause re- manded.
 Central of Georgia Railway company vs Molle Jones, appeal from Birming- ham city court application overruled.