breach, proximate causation, and contributory negligence are issues for jury
How later courts described this case
- breach, proximate causation, and contributory negligence are issues for jury
Written by the judges who cited it.
Later courts went against this
Abrogated on other grounds by Garner v. Covington County, 624 So. 2d 1346 (1993)
’ ” Sungas, Inc. v. Ferry, 450 So.2d 1085, 1088 (Ala.1984), abrogated on other grounds, Garner v. Covington County, 624 So.2d 1346 (AIa.1993) (quoting Chilton Butane Gas, Inc. v. Marcus, 289 Ala. 292, 296, 267 So.2d 140, 143 (1972)).
The opinion
Because I consider this court to be without jurisdiction to review this case, I dissent.
This is an attempt to appeal from the following:
"1/24/83 Trial commenced to a jury of twelve on January 24, 1983. Upon the conclusion of the trial, the jury returned the following verdicts: `We, the jury, find for the plaintiff, Joseph Perry, and assess his damages against the defendant at $60,000.00. Dated January 25, 1983. Richard W. McLendon, Jr., Foreman.' and `We, the jury, find for the plaintiff, Nancy Perry, and assess her damages against the defendant at $15,-000.00. Dated January 25, 1983. Richard W. McLendon, Jr., Foreman.' The judge polled the jury and, being informed that the verdict was that of each juror, entered the judgments against the defendant as directed by the jury verdicts. [Emphasis added.]
"s/Paul J. Miller, Jr. "Circuit Judge"
In fact, a careful search of the record shows there was no judgment entered.
In my opinion the above will not support an appeal and therefore this court is without jurisdiction to entertain this attempted appeal. § 12-22-2 , Code of 1975.
FAULKNER and ADAMS, JJ., concur.