Opinion

Harper v. Griffin Lumber Co.

250 Ala. 339
34 So. 2d 148
1948 Ala. LEXIS 556

Court: Supreme Court of Alabama
Filed: Feb 5, 1948
Status: Published
Author: Lawson
On the bench: Foster, Gardner, Lawson, Livingston, Simpson, Stakely
Cited by: 9 cases

The opinion

BROWN and LAWSON, JJ.,

dissent.

Justices BROWN and LAWSON are of the opinion that defendants were entitled to the general charge, and that any error in giving the charges set out in the opinion was error without injury, and that the cause should be affirmed. They therefore dissent.

Justice Brown is of the further opinion that the giving of charges 32 and 34 should not work a reversal of the case for the reason that the complaint alleges that appellant’s intestate was a guest in defendants’ truck, and the proof showed him to be a trespasser. One should not be permitted to allege the existence of a certain status, and failing in proof, recover on some other theory.

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