Buye v. Alabama Marble Quarries
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Heard before Hon. Hugh D. Merrill. Action by Estella Wilson Buye, as administratrix of the estate of Lonnie Wilson, deceased, against the Alabama Marble Quarries, a corporation. Judgment for defendant, and plaintiff appeals. The intestate was killed by several slabs of marble sliding on him from a stack of slabs, against which he was standing, the slide being caused by the impact of a mud box being hoisted on a cable.
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Appeal from Talladega Circuit Court. Heard before Hon. Hugh D. Merrill. Action by Estella Wilson Buye, as administratrix of the estate of Lonnie Wilson, deceased, against the Alabama Marble Quarries, a corporation. Judgment for defendant, and plaintiff appeals. The intestate was killed by several slabs of marble sliding on him from a stack of slabs, against which he was standing, the slide being caused by the impact of a mud box being hoisted on a cable. The chief and probably the decisive issue in the case was on defendant’s plea of contributory negligence, which charged substantially that…
1Opinion of the Court
•SOMERVILLE, J.
(1, 2) The witness Scott, being a stockholder of the defendant corporation, was pecuniarily interested *591in the result of the suit, and was not a competent witness as to any conversation between himself and the intestate.—M. & W. Plank Road Co. v. Webb, 27 Ala. 618; Wynn, Adm’r, v. Tallapoosa County Bank, 168 Ala. 469, 504, 53 South. 228. A conversation between two persons is a transaction by each with the other, within the meaning of the statute (Code, § 4007), whether the actual talking be done by both or only by one.(3) We think it is clear that Scott was. improperly allowed…
2Cases cited2 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Montgomery & Wetumpka Plank-Road Co. v. WebbSupreme Court of Alabama · 1855
3Cited by11 opinions
- Norton v. LiddellSupreme Court of Alabama · 1967
- Southern Natural Gas Co. v. DavidsonSupreme Court of Alabama · 1932
- Taylor v. First National Bank of TuskaloosaSupreme Court of Alabama · 1966
- Earnest v. FiteSupreme Court of Alabama · 1924
- Qualls v. Monroe County BankSupreme Court of Alabama · 1934
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