Dwight Mfg. Co. v. Vaughn
Supreme Court of Alabama
Appeal from Circuit Court, Etawah County ; O. A. Steele, Judge. Action by J. A. Vaughn against the Dwight Manufacturing Company and another for damages sustained while in the employ of the defendants. Judgment for the plaintiff, and defendant Dwight Manufacturing Company appeals. The facts sufficiently appear from the opinion.
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Appeal from Circuit Court, Etawah County ; O. A. Steele, Judge. Action by J. A. Vaughn against the Dwight Manufacturing Company and another for damages sustained while in the employ of the defendants. Judgment for the plaintiff, and defendant Dwight Manufacturing Company appeals. The facts sufficiently appear from the opinion. The record shows that plaintiff was the servant of an independent contractor, and that the general charge was due appellant on that account. 165 N. Y. 222, 59 N. E. 91, 53 L. R. A. 550; 166 N. Y. 305, 59 N. E. 914; 182 Ind. 593, 106 N. E. 365, Ann. Cas. 1917A, 474; 14…
1Opinion of the CourtGardner, J.
Appellee brought this suit against the Dwight Manufacturing Company and one W. T. Christopher for the recovery of damages sustained while at work on a building being erected for the Dwight Manufacturing Company in Alabama City. There was judgment in favor of the plaintiff against the Dwight Manufacturing Company, from which said company prosecutes this appeal.
The cause was submitted to the jury on counts 1, 3, and 5, the general issue, and pleas of contributory negligence.
The plaintiff was one of the workmen assisting in hoisting lumber from a platform, which was a few feet from the ground…
2Cases cited9 opinions
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Garrett v. L. & N. R. R.Supreme Court of Alabama · 1916
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Scoggins v. Atlantic & G. P. Cement Co.Supreme Court of Alabama · 1912
- Langhorne v. SimingtonSupreme Court of Alabama · 1914
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3Cited by4 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Vaughn v. Dwight Mfg. Co.Supreme Court of Alabama · 1921
- Klein v. Mr. Transmission, Inc.Supreme Court of Alabama · 1975
- Southern Ry. Co. v. ChestnuttSupreme Court of Alabama · 1923