Woodward Iron Co. v. Spencer
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Jim Spencer, by next friend, against the Woodward Iron Company for damages for injury while in their employment. Judgment for plaintiff, and defendant appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Jim Spencer, by next friend, against the Woodward Iron Company for damages for injury while in their employment. Judgment for plaintiff, and defendant appeals. The case was finally submitted to the jury on count 8 of the complaint, which alleges that plaintiff was in the service or employment of defendant, and in the course of his duties it became and was necessary for him to sprag cars so as to stop them after they were turned loose at the mouth of the mine, and that defendant had provided a plank which was laid…
1Opinion of the Court
THOMAS, J. —
The assignments of error are based on the rulings of the court on evidence. The bill of exceptions does not set out the testimony in full. The recital *288thereof, in this-connection, is: “The foregoing is all of the testimony and tendencies of the.testimony that are necessary to be here stated to enable the court to pass upon the exceptions reserved as herein above set forth.” —Rule 32 of Circuit Court Practice, page 1526 of the Code of 1907, and the amendment thereof, adopted June 23, 1913, 175 Ala. xxi.
(1, 2) The witness Rockett, examined by the defendant, was asked: “Had you ever…
2Cases cited51 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- Parrish v. StateSupreme Court of Alabama · 1903
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Ford v. StateSupreme Court of Alabama · 1882
- Burton v. StateSupreme Court of Alabama · 1894
46 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Pollard v. RogersSupreme Court of Alabama · 1937
- Fincher v. StateSupreme Court of Alabama · 1924
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Dulaney v. BurnsSupreme Court of Alabama · 1928
17 more not listed; retrieve them via the Exa API.