Seminole Graphite Co. v. Thomas
Supreme Court of Alabama
Appeal from Circuit Court, Coosa County; E. J. Garrison, Judge. Action by Ellis Thomas against the Seminole Graphite Company for damages for personal injuries. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Coosa County; E. J. Garrison, Judge. Action by Ellis Thomas against the Seminole Graphite Company for damages for personal injuries. Judgment for plaintiff, and defendant appeals. The defendant was entitled to the affirmative charge — first, because it had no custody or control of the warehouse, and was in no way responsible for the condition of the floor; second, because the floor of tile warehouse was not a part of defendant’s ways, works, etc.; third, there was no defect in the floor which caused the accident; and, fourth, appellant discharged his full duty to…
1Opinion of the CourtMcCLELLAN, J.
[1] According to the certificate of appeal, this appeal was perfected on March 31, 1920. The bill of exceptions was signed on that date. The transcript was filed in this court dn October 26, 1920. The appeal was submitted, on regular call, on November 18, 1920. After submission, on November 27, 1920, the appellee filed a paper, along with brief, in which he moves the court to strike the transcript assigning these grounds; that there is no sufficient certificate by the clerk of the trial court that the transcript is a full and true reproduction of the record in the court below (Code, § 2S48);…
2Cases cited3 opinions
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3Cited by8 opinions
- Godau v. StateSupreme Court of Alabama · 1913
- Hicks v. Peninsula Lumber Co.Oregon Supreme Court · 1923
- Bice v. SteversonSupreme Court of Alabama · 1921
- Gillespie's Executors v. HowardCourt of Appeals of Kentucky (pre-1976) · 1927
- Annie Mae Brazier v. The Great Atlantic & Pacific Tea CompanyCourt of Appeals for the Fifth Circuit · 1958
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