# Harper v. Griffin Lumber Co.

> Supreme Court of Alabama · February 5, 1948 · 250 Ala. 339

URL: https://www.frixlaw.com/law-library/cases/9824609

## Case

- **Full name:** HARPER v. GRIFFIN LUMBER CO. Et Al.
- **Court:** Supreme Court of Alabama
- **Decided:** February 5, 1948
- **Citations:** 250 Ala. 339; 34 So. 2d 148; 1948 Ala. LEXIS 556
- **Precedential status:** Published
- **Opinion:** Dissent by Lawson
- **Judges:** Foster, Gardner, Lawson, Livingston, Simpson, Stakely
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9824609

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9824609. Public record. Not legal advice.