Thompson v. Alexander City Cotton Mills Co.
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Mrs. L. H. Thompson, administratrix, etc., against the Alexander City Cotton Mills Company. Prom a judgment for defendant, and from an order denying a motion for a new trial, plaintiff appeals. The action is to recover damages for the wrongful death of plaintiff’s child, a boy eight years of age. The boy was killed by falling into a ditch or drain that at the time contained hot water.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Mrs. L. H. Thompson, administratrix, etc., against the Alexander City Cotton Mills Company. Prom a judgment for defendant, and from an order denying a motion for a new trial, plaintiff appeals. The action is to recover damages for the wrongful death of plaintiff’s child, a boy eight years of age. The boy was killed by falling into a ditch or drain that at the time contained hot water. The ditch was used by the defendant for carrying off the hot water from its boilers. During a long-continued use for this purpose…
1Opinion of the CourtMayfield, J.
The question in this case. which underlies all others is this: Did the defendant owe a duty to its employees or their children, using its grounds, to fence or otherwise safeguard the ditch or drain which carried off the hot water from its boilers, so as to prevent accidents like the one which befell plaintiff’s son in this case? -It is not disputed that the discharge or blow-off pipe was a necessity in defendant’s lawful, business, nor that hot water of necessity had to escape therefrom and be carried off; the acute question is: Should the ditch or drain in which the holes or pools had…
2Cases cited8 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Brinkley Car Co. v. CooperSupreme Court of Arkansas · 1895
- Fletcher v. StateSupreme Court of Alabama · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Tolbert v. GulsbySupreme Court of Alabama · 1976
- Knight v. StateSupreme Court of Alabama · 1962
- Athey v. Tennessee Coal, Iron & Railway Co.Supreme Court of Alabama · 1915
- Cox v. Alabama Water Co.Supreme Court of Alabama · 1927
- Alabama Clay Products Co. v. MathewsSupreme Court of Alabama · 1930
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