Rodgers v. Harper
Supreme Court of Alabama
Appeal from Pickens Circuit Court. Heard .before Hon. S. H. Sprott. Action by J osepbine Rodgers against Harper & Moore, for damages for personal injuries received alleged to have been caused by the frightening of her horse by defendant’s sawmill situated near the highway. Judgment for defendants and plaintiff appeals.
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Appeal from Pickens Circuit Court. Heard .before Hon. S. H. Sprott. Action by J osepbine Rodgers against Harper & Moore, for damages for personal injuries received alleged to have been caused by the frightening of her horse by defendant’s sawmill situated near the highway. Judgment for defendants and plaintiff appeals. The court erred in overruling demurrers to plea 13. — Postal T. Co; v. Hulsey, 115 Ala. 193; Johnson'd case, 104 Ala, 221; Herndon’s case, 100 Ala. 457. Tiie court erred in granting motion to exclude the testimony and in giving the affirmative charge. — Cleghorn v. Western Ry.,…
1Opinion of the CourtSimpson, J.
This action is by the appellant, against the appellees, for damages on account of personal injuries received by being thrown from a buggy. It is claimed that plaintiff’s horse became frightened, while passing along the public road, opposite the saw and planing mill of defendants, which was situated near the public road, by the steam and shavings from said mill. The evidence shows that complaint had been made to the road supervisor in regard to the mill, and that at his suggestion the defendants had erected a plank wall at the side of the road to prevent the shavings from being thrown into the…
2Cases cited7 opinions
- Morse v. Town of RichmondSupreme Court of Vermont · 1868
- Dimock v. Town of SuffieldSupreme Court of Connecticut · 1861
- Piollet v. SimmersSupreme Court of Pennsylvania · 1884
- Card v. City of EllsworthSupreme Judicial Court of Maine · 1876
- Grunauer v. Westchester Fire InsuranceSupreme Court of New Jersey · 1905
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3Cited by6 opinions
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Bowen v. Smith-Hall Grocery Co.Supreme Court of Georgia · 1914
- Thrasher v. BurrSupreme Court of Alabama · 1918
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Parsons v. Crown Disposal Co.California Supreme Court · 1997
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