Supreme Court of Alabama, 1935

Alabama Power Co. v. Capps

Alabama Power Co. v. Capps
Supreme Court of Alabama · Decided April 11, 1935 · No. 4 Div. 806. · Bouldin, Anderson, Gardner, Foster
160 So. 685; 230 Ala. 263; 1935 Ala. LEXIS 137 (Southern Reporter)
Alabama Power Co. v. Capps

Cases that cite this one

2 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BOULDIN, Justice.

This cause was here on former appeal. See Alabama Power Co. v. Capps, 226 Ala. 362, 147 So. 156.

On second trial the court gave the affirmative charge, with hypothesis, for defendant.

The bill of exceptions does not purport to set out all the evidence; hence, this ruling is not subject to review. Sanders v. Edmonds, 98 Ala. 157, 13 So. 505; Sanders v. Steen, 128 Ala. 633, 29 So. 586; Clardy v. Walker, 132 Ala. 264, 31 So. 78; Stafford v. Jones, 224 Ala. 583, 141 So. 246; Federal Intermediate Credit Bank of New Orleans v. Faulk, 228 Ala. 621, 154 So. 606.

If error intervened in other rulings presented, injury does not affirmatively appear.

Affirmed.

ANDERSON, C. J., and GARDNER and FOSTER, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.