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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.

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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