Mobile Electric Co. v. Sanges
Supreme Court of Alabama
Damages for Injury to Employee. Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Charlie L. Sanges against the Mobile Electric Company for personal injury. From a judgment for plaintiff, defendant appeals. The count on which the trial was had was the first count, and declared on a defect in the ways, works, plants, machinery, etc.
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Damages for Injury to Employee. Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Charlie L. Sanges against the Mobile Electric Company for personal injury. From a judgment for plaintiff, defendant appeals. The count on which the trial was had was the first count, and declared on a defect in the ways, works, plants, machinery, etc. The pleas spoken of in the opinion are as follows: ■ (2) “And for further plea to the first count of the complaint defendant says that plaintiff ought not to have and recover of the defendant the sum mentioned in the complaint, or…
1Opinion of the CourtMayfield, J.
Appellant was a lineman in the employ of appellant, and while at work on one of appel*349]antes electric light poles, near its top — which pole was 35 feet in length, 30 feet being above the ground and 5 feet being in the earth — the pole fell, because of decay of that part in the earth, breaking off near the suriice of the earth. The pole, from all outward appearances, was sound. Its surface above the ground, and four or five inches beneath, was apparently sound and hard, but below this point it was wholly decayed, and the pole was rotten and without strength.
All the counts were eliminated…
2Cases cited15 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Citizen's L. H. & P. Co. v. LeeSupreme Court of Alabama · 1913
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Russell v. BushSupreme Court of Alabama · 1916
- May v. StricklandSupreme Court of Alabama · 1938
- Preston v. HubbellCalifornia Court of Appeal · 1948
17 more not listed; retrieve them via the Exa API.