LIVINGSTON, Chief Justice.
The two cases before us were consolidated for trial in the circuit court and will here be treated together on appeal.
Each case was tried upon a simple negligence count. The cases were tried on plaintiffs' amended complaints. The amended complaints in each instance allege that on May 27, 1950, defendant, appellant, was the proprietor or owner of the premises in Leeds, Alabama, known as the First National Bank of Birmingham, Leeds Branch. Further, the complaints allege that on aforesaid date, plaintiff, Lillian Mason Lowery, was present upon said premises as "a customer and invitee of the defendant." It is averred that as Lillian Mason Lowery stood or walked upon the floor of defendant bank, she slipped and fell, and as a proximate consequence thereof, broke her left leg at the hip joint. The two complaints state that defendant, at the time of the fall, negligently maintained the premises where Lilliam Mason Lowery was injured in a condition so slippery as to be not reasonably safe to stand or walk upon. E. A. Lowery, husband of the injured party, is the plaintiff in the second complaint. His claim also is for damages and is based upon medical expenses and loss of services.
In each case, defendant filed a plea of the general issue in short by consent, with leave, etc. At the conclusion of the evidence, both cases were submitted to the jury. Verdicts of $7,500 and $2,000 were returned in favor of Lillian Mason Lowery and E. A. Lowery, respectively.
Motions for a new trial were duly filed in each case and overruled. Thereafter, defendant prosecuted this appeal.
Appellant contends that reversible error was committed by the trial court in its refusal to give the affirmative charge on behalf of the defendant. The basis of said contention is that the evidence fails to show Mrs. Lowery to have been an invitee on defendant's premises at the time of the accident.
Appellant argues that Mrs. Lowery entered the bank building on a mission which was for her benefit alone; as a consequence, she was a mere licensee rather than an invitee.
The evidence shows that Mrs. Lowery entered the bank for the sole purpose of having a one-hundred dollar bill changed into bills of smaller denominations. This change was needed to enable a patient to pay a bill which he owed to Dr. E. A. Lowery.
In support of the contention that plaintiff was a licensee, appellant cites Cobb v. First National Bank of Atlanta, 58 Ga.App. 160, 198 S.E. 111. In that case, plaintiff entered defendant bank to obtain a blank form of a promissory note for her own use, and the Georgia Appellate Court held that plaintiff was a licensee rather than an invitee.
Appellant also cites Prudential Ins. Co. of America v. Zeidler, 233 Ala. 328, 171 So. 634, 636, which states the following principle:
The Alabama law on this proposition is stated in Alabama Great Southern Railway Co. v. Godfrey, 156 Ala. 202, 47 So. 185, 190,
The Supreme Court of Missouri in the case of Gilliland v. Bondurant, 332 Mo. 881, 59 S.W.2d 679, 686, states the rule as follows:
This statement of the law has been followed in cases in several other jurisdictions: notably, Shoffner v. Pilkerton, 292 Ky. 407, 166 S.W.2d 870; Mills v. Heidingsfield, La.App., 192 So. 786; Nezworski v. Mazanec, 301 Mich. 43, 2 N.W.2d 912.
In the case of Wool v. Larner, 112 Vt. 431, 26 A.2d 89, 92, this proposition of law is stated thusly:
In the case at bar, we are of the opinion that the plaintiff, Mrs. Lowery, was an invitee. An invitation may be implied from the very nature of the business which a bank conducts, and from the fact that it is customary for a bank to provide a money-changing service for the public. The plaintiff would be reasonably justified in believing that entering a bank for the purpose of getting a large bill changed is consistent with the intentions and purposes of the bank owners, and is in accordance with the intention and design for which the place is adapted and allowed to be used.
The case at bar is distinguishable from Cobb v. First National Bank of Atlanta, supra, by the fact that the furnishing of blank promissory note forms is not in the usual course of a bank's business, and not a function which a bank is generally expected to perform; whereas, the changing of money is in the usual course of a bank's business, and is a function which a bank is generally known to perform. It is well known that banks have been changing money for the public as a matter of course and that money is changed not only for those who are intent on transacting some immediate business with the bank, but also for all those who request that change be made.
It is insisted by appellant that the trial court committed reversible error in overruling appellant's objection to the following question propounded to the witness who had been qualified as one experienced in the maintenance of terrazzo floors:
Appellant's contention is that the question called for an answer directed to the ultimate fact in issue, and is, therefore, objectionable.
The issue which the jury had to decide in this case was whether defendant was negligent in the maintenance of its floors, and, if so, whether such negligence was the proximate cause of plaintiff's injury. The question propounded to the witness appears to be designed not to elicit an opinion or conclusion invasive of the province of the jury, but rather to elicit a fact which the jury must have in order to draw its own conclusion as to the ultimate issue. We conclude there was no error in allowing the witness to answer the question. Appellant's brief grouped this assignment of error with assignments of error 4, 16 and 19 for the purpose of argument. This court has consistently held that where several assignments of error are grouped and argued together in brief, and one is found to be without merit, the court will not consider the others. Gulf M. & O. R. Co. v. Sims, 260 Ala. 258, 69 So.2d 449; Taylor v. Taylor, 251 Ala. 374, 37 So.2d 645; Moseley v. Alabama Power Co., 246 Ala. 416, 21 So.2d 305; Sovereign Camp W.O.W. v. Davis, 242 Ala. 235, 5 So.2d 480; Morgan-Hill Paving Co. v. Thomas, 223 Ala. 88, 134 So. 480. This rule cannot be evaded by the appellant's including in his brief a request that the court consider each assignment of error separately and severally. Having found one assignment of error to be without merit, the court will not consider those that are grouped with it in argument.
Appellant further contends that the trial court erred in not giving the general affirmative charge on behalf of the defendant on the theory that there was no evidence in the case to sustain a finding of negligence by the jury. In support of this contention, appellant argues that the owner of real property cannot be guilty of negligence merely by virtue of applying wax to a floor, whether the floor be of terrazzo or of some other material.
Plaintiff introduced evidence tending to prove not only that the floor where plaintiff was injured had been waxed, but
Appellant assigns as error the trial court's action in overruling appellant's motion to exclude the following testimony of the witness, W. C. Walker:
"The floor was—seemed to me like as slick as it could be almost."
Appellant contends the testimony is inadmissible on the grounds it is an opinion or conclusion of the witness.
This court has held that where a fact cannot be reproduced and made apparent to the jury, a witness may describe the fact according to the effect produced on his mind; or if, from the nature of a particular fact, better evidence is not obtainable, the opinion of a witness derived from observation is admissible. Mayberry v. State, 107 Ala. 64, 18 So. 219; Baugh v. State, 218 Ala. 87, 117 So. 426; Alaga Coach Line, Inc., v. McCarroll, 227 Ala. 686, 151 So. 834, 92 A.L.R. 470; Rowe v. Alabama Power Co., 232 Ala. 257, 167 So. 324; Johnson v. Martin, 255 Ala. 600, 52 So.2d 688. Under this rule of law, the testimony of the witness is admissible. It would appear that the fact of slipperiness could not be conveyed to the jury in any way other than the witness testifying to the impression he formed by observation. Having determined this assignment of error to be without merit, the court will not consider assignments of error 6, 19, 11 and 18 which are grouped with it in argument.
We have carefully examined the evidence and conclude that the preponderance of the evidence is not clearly against the verdict of the jury. We shall not disturb the trial judge's ruling on appellant's motion for a new trial. Cobb v. Malone, 92 Ala. 630, 9 So. 738; Smith v. Smith, 254 Ala. 404, 48 So.2d 546. We will not consider assignments of error 22, 23 and 25 which are argued in bulk with the assignment of error concerning the trial judge's ruling on appellant's motion for a new trial.
We find no reversible error in the record.
The judgment in both cases before us is affirmed.
LAWSON, STAKELY and MERRILL, JJ., concur.