Caldwell v. Atlantic B. & A. Ry. Co.
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. ■ Action by Alex Caldwell against the Atlanta, Birmingham & Atlantic Railroad Company for injuries. Judgment for defendant and plaintiff appeals. The court improperly sustained demurrers to the count. — Garrett -v. Sew-ell, 95 Ala. 456; s. c. 108 Ala. 523; Ala. Mid. Ry. Go. v. Grushy, 92 Ala. 254; L. & N. v. Whitman, 79 Ala. 328, —There is no error in the record.- — Ala. Mid. Ry.
Read the full summary
Appeal from Bessemer City Court. Heard before Hon. William Jackson. ■ Action by Alex Caldwell against the Atlanta, Birmingham & Atlantic Railroad Company for injuries. Judgment for defendant and plaintiff appeals. The court improperly sustained demurrers to the count. — Garrett -v. Sew-ell, 95 Ala. 456; s. c. 108 Ala. 523; Ala. Mid. Ry. Go. v. Grushy, 92 Ala. 254; L. & N. v. Whitman, 79 Ala. 328, —There is no error in the record.- — Ala. Mid. Ry. Go. v. Martin Bros., 100 Ala. 511.
1Opinion of the CourtSimpson, J.
The assignments of error in this case relate entirely to the action of the court in sustaining *396the demurrers to the several counts of the complaint. Without adverting to the other causes of demurrer, each count avers in the alternative that the negligence or wanton conduct was that of the “agent or contractor” of defendant. It is admitted, and it is settled law, that a person or corporation is not liable for the acts of an independent contractor; but appellant contends that the use of the word “contractor” does not mean an independent contractor. “Although, in a general sense, every person…
2Cases cited2 opinions
- Ala. Midland Railway Co. v. CoskrySupreme Court of Alabama · 1890
- McCarthy v. Second Parish of PortlandSupreme Judicial Court of Maine · 1880
3Cited by9 opinions
- Knight v. Burns, Kirkley & Williams Const. Co., Inc.Supreme Court of Alabama · 1976
- Perkins Manufacturing Co. v. Clinton Construction Co.California Supreme Court · 1930
- Republic Iron & Steel Co. v. McLaughlinSupreme Court of Alabama · 1917
- Executive House Building, Inc. v. DemarestLouisiana Court of Appeal · 1971
- Warren Webster & Co. v. Zac Smith Stationery Co.Supreme Court of Alabama · 1930
4 more not listed; retrieve them via the Exa API.