Stennett v. City of Bessemer

Decision Date06 February 1908
Citation45 So. 890,154 Ala. 637
CourtAlabama Supreme Court

Appeal from City Court of Bessemer; William Jackson, Judge.

Action by M. L. Stennett against the city of Bessemer. From a judgment for defendant, plaintiff appeals. Affirmed.

Montgomery & Smith, for appellant.

T. T. Huey, B. G. Perry, and Pinkney Scott, for appellee.


The appellant instituted this action for damages for the alleged pollution of a stream by the defending municipality.

One J. W. Rainey was of the panel of jurors, and the court, upon investigation, ascertained that the juror "was a plaintiff in a suit against the defendant for damages growing out of the same alleged wrong of defendant as the cause at issue." Thereupon the court sustained a challenge of this proposed juror for cause. There was no error in this action. Under these circumstances, the law implies bias, which renders the party incompetent as a juror in the cause in which he is called to serve. Jefferson Co. v. Lewis, 20 Fla. 980; 24 Cyc. pp. 284, 285, and citations in note 70.

The court properly disallowed, on appropriate objection, those questions seeking to elicit the mere opinion of nonexpert witnesses upon the inquiry whether the alleged pollution rendered the premises in question unhealthy or uninhabitable. That was for the jury's determination from all the evidence in the case; and, unless the witnesses were shown to be expert, they could not depose to their conclusion from the conditions involved.

The foregoing disposes of all the errors assigned and insisted on in argument; and, no error appearing, the judgment of the city court is affirmed.


TYSON, C.J., and DOWDELL and ANDERSON, JJ., concur.

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7 cases
  • Leith v. State
    • United States
    • Alabama Supreme Court
    • June 30, 1921
    ... ... Light & P. Co. v. Moore, 148 Ala. 115, at pages 130, ... 131, 42 So. 1024; Clay v. City Council of ... Montgomery, 102 Ala. 297, 14 So. 646; City of ... Eufaula v. Speight, 121 Ala ... 554, 44 So. 702; L. & N.R.R. Co. v ... Young, 168 Ala. 551, 53 So. 213; Stennett v. City of ... Bessemer, 154 Ala. 637, 45 So. 890. And it has been ... often held by this court ... ...
  • Louisville & N. R. Co. v. Young
    • United States
    • Alabama Supreme Court
    • May 19, 1910
    ... ... of the Code of 1896." And in the case of Stennett v ... City of Bessemer, 154 Ala. 637, 45 So. 890, the court ... was justified in excusing a ... ...
  • City of Birmingham v. Lane
    • United States
    • Alabama Supreme Court
    • October 18, 1923
    ... ... 327, 71 So. 404; ... Calhoun County v. Watson, 152 Ala. 554, 44 So. 702; ... L. & N. R. R. Co. v. Young, 168 Ala. 551, 53 So ... 213; Stennett v. City of Bessemer, 154 Ala. 637, 45 ... So. 890. And it has been often held by this court that the ... right of neither party to a jury free from ... ...
  • Alexander v. R. D. Grier & Sons Co., Inc.
    • United States
    • Maryland Court of Appeals
    • March 16, 1943
    ... ... involving the same controversy * * *.' See, also, ... Stennett v. City of Bessemer, 154 Ala. 637, 45 So ... 890; Jefferson County v. Lewis & Sons, 20 Fla. 980; ... ...
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