Reports of Cases Argued And Determined in the Supreme Court of ..., volume 158
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 158
Alabama Supreme Court
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283 ; Robison M. Co. v. Tolbert, 132 Ala. 462; L. d N. i?. Marbury L, Co., 125 Ala. 237; Montgomery St. Ry. v. Armstrong, 123 Ala. 233; K. C. M. d B. R. R. Co. V. Flippo, 138 Ala. 487; Bessemer L. d /. Co. V. Campbell, 121 Ala. 50; L. d N. v. Sulliran Co., 138 Ala. 379; 17 L. R. A. 729; 14 L. R. A. 830; 97 Am Dec. 761; 17 Am. Rep. 258; 23 N. Y. 47. Count 1 as amended was sufficient. — Authorities supra. The third count was sufficient. — Woodward I. Co. v. Hern- (Jon, 114 Ala. 214; Lampkin v. L.... d N., 106 Ala. 287; Postal r. Co. r. Brantley, 107 Ala. 684; Creola L. Co. v. Mills. 42 South. 1020. The court did not err in sustain- ing objections to the question to Dr. Wiley. — Postal T. Co. V. Husley, 132 Ala. 462; Thompson v. L. d N., 91 Ala. 496. As a hypothetical question it was clearly insuf- ficient.— jBtr. R. d E. Co. V. JarJcson, 136 Ala. 279; /.. d X. V. Landers, 135 Ala. 511 ; Decatur C. W. Co, r. Me- haffey. 128 Ala. 242. SI^irSON, J. — This action, by the appellee against the appellant, is for damages from an injury received by being struck by a rock, which had been thrown out by blasting operations carried on by the defendant.
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