Going v. Alabama Steel & Wire Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before the Hon. Charles A. Senn. This action was brought by the appellant, Howard Going, by his next friend, against the appellee, to recover damages for personal injuries.
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Appeal from Birmingham City Court. Tried before the Hon. Charles A. Senn. This action was brought by the appellant, Howard Going, by his next friend, against the appellee, to recover damages for personal injuries. The complaint contained four counts marked, respectively, “A,” “B,” “C” and “D.” Count “A” averred that on the 21st day of April, 1900, defendant was engaged in operating a rod and wire mill for the manufacture of wire nails,- etc., near Ensley, Ala., and in said mill the process of drilling iron and steel by certain machinery was conducted by defendant, which said work when done by…
1Opinion of the Court
Me CLELLAN, O. J.
On the trial below, all the facts and circumstances bearing and attendant upon the infliction of the injury upon the plaintiff for which redress is sought in this action were fully developed and set forth in the evidence. The plaintiff himself testified affirmatively to receiving the injury, to the environment of the occurrence -and to all its concomitants and pertinent antecedents, to its cause and to the manner of its causation. To assume that, with the pleadings other than they were when the trial was entered upon and during its progress the plaintiff and the other…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1895
- Sloss-Sheffield Steel & Iron Co. v. MolbleySupreme Court of Alabama · 1903
- Levey v. BigelowIndiana Court of Appeals · 1893
- Worthington & Co. v. GoforthSupreme Court of Alabama · 1899
3Cited by36 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Housing Authority of Birmingham Dist. v. MorrisSupreme Court of Alabama · 1943
- Dorough v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1930
- Norwood Clinic, Inc. v. SpannSupreme Court of Alabama · 1941
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