Mr. and Mrs. Henry FORD and Mr. and Mrs. Bobby Blackmon
v.
ALABAMA BY-PRODUCTS.
Supreme Court of Alabama.https://leagle.com/images/logo.png
May 1, 1981.
Rehearing Denied June 12, 1981.
Attorney(s) appearing for the Case
M. Clay Alspaugh and S. Shay Samples of Hogan, Smith & Alspaugh, Smith, White & Hynds and John T. Natter, Birmingham, for appellants.
Lyman H. Harris and William R. Myers of Lorant, Harris & Yearout, Birmingham, for appellee.
Robert C. Walthall and Braxton Schell, Jr., of Bradley, Arant, Rose & White, Birmingham, for Nelson Brothers, Inc.
Fournier J. Gale III and H. Thomas Wells, Jr. of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for Drummond Coal Co.
Macbeth Wagnon, Jr. of Bradley, Arant, Rose & White, Birmingham, for Dolcito Quarry Co.
Charles A. Graddick, Atty. Gen., Benjamin Cohen and Edward L. Lasseter, Jr., Asst. Attys. Gen., for State of Alabama.
Supreme Court of Alabama.
PER CURIAM.
Affirmed on the authority of Vaughn v. Thomas,372 So.2d 1309, 1311 (Ala.1979), "A party cannot try his case on one theory and then appeal on a separate theory," and Haskew v. Bradford,370 So.2d 259, 262 (Ala. 1979), "A question of law which was not presented to nor passed upon by the trial court cannot be raised on appeal."
AFFIRMED.
All the Justices...
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