69 So. 251 | Ala. Ct. App. | 1915
This is an action of trespass on the case for wrongfully interfering with the right of sepulture in the Union Cemetery, located negtr Woodlawn, Ala. The case was tried on the third, fourth, and fifth counts of the complaint as amended, and the general issue and special plea 3, averring; “That the Union Cemetery Company had never sold a lot to the plaintiff, and plaintiff had never gone into possession of any lot, and had never paid the purchase money for any lot.”
The only errors assigned upon the record are predicated on the rulings of the court on the demurrers to the complaint and overruling the motion for new trial.
These counts were sufficient to state a cause of action, and were not subject to the demurrers interposed to them.—Bessemer Land & Improvement Co. v. Jenkins, 111 Ala. 185, 18 South. 565, 56 Am. St. Rep. 26; Wright v. Hollywood Cemetery Co., 112 Ga. 884, 38 S. E. 94, 52 L. R. A. 62; Gatzow v. Buening, 106 Wis. 1, 81 N. W. 1003, 49 L. R. A. 475, 80 Am. St. Rep. 1; 6 Cyc. 716; Birmingham Transfer Co. v. Still, 7 Ala. App. 556, 61 South. 611.
The only reasons urged in argument as a basis for error in the action of the court denying the motion for new trial are: (1) There is no evidence to support the verdict; (2) refusal of the affirmative charge as to each count of the complaint; (3) that the verdict was excessive.
The evidence was sufficient to justify a submission of the case to the jury, and the affirmative charge was properly refused. The jury seems to have accepted the plaintiff’s theory of the
The evidence not only shows that the funeral services were interrupted by express direction of the general manager of the defendant cemetery company, but that his conduct was after-wards ratified in a meeting of the stockholders before the filing of the suit; therefore the insistence that there is no evidence tending to connect the cemetery company with the tort is untenable.
We have considered all matters insisted on in brief, and find no error in the record, and the judgment must be affirmed.
Affirmed.