Dorough v. Alabama Power Co.
Supreme Court of Alabama
Appeal from City Court of Birmingham; John H. Miller, Judge. Action by William F. Dorough, as administrator, against the Alabama Power Company, for damages for death of his intestate. From a judgment for defendant, plaintiff appeals. Plaintiff sues to recover for the death of his intestate who was killed as the result of contact with defendant's high power wire, while he was in the service of the Standard Portland Cement Company, at a place where his work required him to be.
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Appeal from City Court of Birmingham; John H. Miller, Judge. Action by William F. Dorough, as administrator, against the Alabama Power Company, for damages for death of his intestate. From a judgment for defendant, plaintiff appeals. Plaintiff sues to recover for the death of his intestate who was killed as the result of contact with defendant's high power wire, while he was in the service of the Standard Portland Cement Company, at a place where his work required him to be. The complaint charges that defendant’s power wire ran over or near the place where intestate was working, and that an…
1Opinion of the CourtSomerville, J.
[1 ] On the undisputed evidence in this case — all of it coming from the mouths of witnesses introduced by the plaintiff — we think it must he concluded as a matter of law that the intestate was guilty of such contributory negligence in the proximate causation of his injury as to prevent any recovery for the alleged negligence of the defendant company; conceding, without deciding, that defendant was guilty of negligence in maintaining its high power wires in such proximity to the inclined trestle on which intestate was working.
The facts present every element necessary to the legal conclusion…
2Cases cited8 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Card v. Wenatchee Valley Gas & Electric Co.Washington Supreme Court · 1914
- Sloss Iron & Steele Co. v. KnowlesSupreme Court of Alabama · 1900
- Alteriac v. West Pratt Coal Co.Supreme Court of Alabama · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924
- Reed v. Ridout's Ambulance, Inc.Supreme Court of Alabama · 1925
- Harris v. State Ex Rel. WilsonSupreme Court of Alabama · 1926
- Byars v. Alabama Power Co.Supreme Court of Alabama · 1937
11 more not listed; retrieve them via the Exa API.