Maddox v. Chilton Warehouse & Mfg. Co.
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hou. W. W. Pearson. Action by J. A. Maddox against tbe Chilton Warehouse & Manufacturing Company. From a. judgment for defendant, plaintiff appeals.
Read the full summary
Appeal from Chilton Circuit Court. Heard before Hou. W. W. Pearson. Action by J. A. Maddox against tbe Chilton Warehouse & Manufacturing Company. From a. judgment for defendant, plaintiff appeals. The substance of count 1 is set out in the complaint, as is the substance of counts 2 and 3. Plea 6 is as follows : “As an answer to count 1, defendant says that the plaintiff in this action was, at the time he suffered the injury complained of, the agent of the defendant intrusted with the duty of seeing that the gin, which it is alleged in said count was defective, was in a proper condition, and…
1Opinion of the CourtSomerville, J.
The complaint is for an injury to plaintiff’s hand and arm, suffered while operating a cotton gin for the defendant company. The first count is framed under subdivision 1 of the employer’s liability act (Code 1907, § 3910), and charges a defect in the gin; while the second, third, and fourth counts are framed under subdivision 2, and charge the negligence of a servant of defendant who was intrusted with superintendence. The second and fourth designate T. P. McElderry, and the third G. T. McElderry, as such superintending servant.
1. In order to recover under the first count, the plaintiff was,…
2Cases cited8 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. PearsonSupreme Court of Alabama · 1892
- Memphis & Charleston Railroad v. GrahamSupreme Court of Alabama · 1891
- Columbus & Western Railway Co. v. BradfordSupreme Court of Alabama · 1888
- Mobile Electric Co. v. SangesSupreme Court of Alabama · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Wright v. McCordSupreme Court of Alabama · 1920
- Cahaba Coal Co. v. ElliottSupreme Court of Alabama · 1913
- Shearin v. PizitzSupreme Court of Alabama · 1922
- Choctaw Coal & Mining Co. v. DoddSupreme Court of Alabama · 1918
10 more not listed; retrieve them via the Exa API.