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TALLAPOOSA RIVER ELECTRIC COOPERATIVE, INC. v. BURNS

5 Div. 704.

124 So.2d 672 (1960)

TALLAPOOSA RIVER ELECTRIC COOPERATIVE, INC. v. Robert T. BURNS et al.

Supreme Court of Alabama.

November 17, 1960.

Attorney(s) appearing for the Case

W. C. Hines, LaFayette, J. M. Williams, Jr., and Rushton, Stakely & Johnston, Montgomery, for appellant.

Joe T. Burns, Wedowee, and Lewis H. Hamner, Jr., Roanoke, for appellees.

LIVINGSTON, Chief Justice.

Robert T. Burns and the Cosby-Hodges Milling Company, a Corporation, brought suit against the Tallapoosa River Electric Cooperative, Inc., a Corporation, for causing the death of some 2100 baby chicks. The jury returned a verdict for $1500. The defendant moved the court for a new trial. On hearing the motion for a new trial, the trial judge overruled said motion on the plaintiff's filing a remittitur of all damages in excess of $1,050, which...

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