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Supreme Court of Alabama, 1910

Western Union Telegraph Co. v. Albertville Canning Co.

Western Union Telegraph Co. v. Albertville Canning Co.
Supreme Court of Alabama · Decided June 9, 1910 · Anderson, Mayfield, Sayre, Simpson
167 Ala. 342; 52 So. 885; 1910 Ala. LEXIS 483
Western Union Telegraph Co. v. Albertville Canning Co.

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Opinion of the Court

SAYRE, J.

The special plea was defective in substance (Western U. Tel. Co. v. Merrill, 144 Ala. 616, 39 South. 121, 113 Am. St. Rep. 66; Park v. Western U. Tel. Co., 167 Ala. 339, 52 South. 884); but its legal sufficiency was not questioned. Issue was taken upon it. It was proved without contradiction, and the defend*344ant should have had the general affirmative charge as requested.

Reversed and remanded.

Simpson, Anderson, and Mayfield, JJ., concur.

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