Lewy Art Co. v. Agricola
Supreme Court of Alabama
Damages for Personal Injury. Appeal from 'Birmingham City Court. Heard before'Hon. C. W." Ferguson. Action by Selma Agricola against the Lewy Art Company.
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Damages for Personal Injury. Appeal from 'Birmingham City Court. Heard before'Hon. C. W." Ferguson. Action by Selma Agricola against the Lewy Art Company. From a judgment in favor of plaintiff, defendant’ appeals: The first count in the complaint, as amended, is as follows: “Plaintiff claims of the defendant |5,000 as damages, for that heretofore, to wit, on the 7th day of November, 1907, defendant was conducting a store abutting on Nineteenth street, and was in charge and control of an awning, and the frame thereof over the public street on which said store abutted, to wit, the sidewalk on…
1Opinion of the Court
ETÍANS, J.
The defendant corporation “conducted” a store on Nineteenth street, in the city of Birmingham. There was attached to the store, in front, an awning that extended over the sidewalk. While the plaintiff was walking along the sidewalk, on the 7th of November, 1907, the “awning or frame or a part thereof” fell upon and painfully and permanently injured her. Hence this suit. The trial in the city court resulted in verdict and judgment for the plaintiff in the sum of $1,000, and the defendant has appealed.
The defendant was not the owner of the store nor of the awning, but merely occupied…
2Cases cited19 opinions
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Timlin v. Standard Oil Co.New York Court of Appeals · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Pittman v. CalhounSupreme Court of Alabama · 1935
- Beam v. Birmingham Slag Co.Supreme Court of Alabama · 1942
- Birmingham Railway, Light & Power Co. v. CanfieldSupreme Court of Alabama · 1912
- S. H. Kress & Co. v. BarrattSupreme Court of Alabama · 1933
- Navigazione Alta Italia v. ValeCourt of Appeals for the Fifth Circuit · 1915
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