# Sims v. Warren

> Alabama Court of Appeals · August 1, 1946 · 32 Ala. App. 516

URL: https://www.frixlaw.com/law-library/cases/9825390

## Case

- **Full name:** SIMS v. WARREN Et Al.
- **Court:** Alabama Court of Appeals
- **Decided:** August 1, 1946
- **Citations:** 32 Ala. App. 516; 27 So. 2d 801; 1946 Ala. App. LEXIS 313
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Carr
- **Cited by:** 3 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/9825390

## Opinion text

On Rehearing
In the original opinion we stated: “On the occasion in question a bus driver, employed by one of the defendant companies, called over long distance telephone to speak to a lady employee of the appellant.”
In brief on application for rehearing appellant’s counsel points out that we confused the facts in our statement quoted above. Upon a re-examination of the record we find counsel is correct. We observe that witness Gill answered in the affirmative to the following question: “In other words, you called that cafe where she worked, is that right?” It appears that reference is here *519 made to the appellant and not to the lady with whom witness desiréd to speak over long distance phone.
Whether or not the lady was an employee at the cafe operated by appellant can have no influence on the issue in the case.
Application for rehearing overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9825390. Public record. Not legal advice.