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S. T. Shepherd v. I. v. Johnson

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eBook details

  • Title: S. T. Shepherd v. I. v. Johnson
  • Author : Supreme Court of Alabama
  • Release Date : January 29, 1958
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

GOODWYN, Justice. The appellee-plaintiff, suing as the father of his 19 year old deceased son, James Bruce Johnson, pursuant
to Code 1940, Tit. 7, § 119, brought suit in the circuit court of Tuscaloosa County against appellants to recover
damages for the son's wrongful death. The complaint also contains a count seeking the recovery of damages for the demolishment
of plaintiff's automobile truck. The jury returned a verdict in favor of the defendants and judgment was rendered accordingly.
Thereupon the plaintiff filed a motion to set aside the verdict and judgment and grant him a new trial, assigning 45 grounds
in support thereof. The trial court granted the motion without specifying which of the grounds it thought justified the ruling.
This appeal is brought by the defendants from the judgment granting said motion. If the court's action in granting the motion was justified on any ground set forth in the motion, the judgment setting aside
the verdict and judgment should be affirmed. Ford v. Sellers, 257 Ala. 404, 405, 59 So.2d 799; Birmingham Electric Co. v.
Toner, 251 Ala. 414, 419, 37 So.2d 584; Martin v. Birmingham Southern R. Co., 250 Ala. 583, 35 So.2d 339; Lindsay Products
Corporation v. Alabama Securities Corporation, 247 Ala. 662, 663, 25 So.2d 852; W. M. Templeton & Son v. David, 233 Ala.
616, 617, 173 So. 231.


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