Avondale Mills v. Bryant
Alabama Court of Appeals
Appeal from Birmingham City Court: Heard before Hon. C. W. Ferguson. Action by ¡Rufus P. Bryant against the Avondale Mills. From a judgment for plaintiff for f1,000, defendant appeals.
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Appeal from Birmingham City Court: Heard before Hon. C. W. Ferguson. Action by ¡Rufus P. Bryant against the Avondale Mills. From a judgment for plaintiff for f1,000, defendant appeals. The following is charge 2: “You are instructed that, - where the acts of an employee are willfully and intentionally done without the consent and authorization of the employer, the émployee becomes personally liable, and the employer is not liable; and the rule that the employer must answer for the acts of the employee has no application when the employee actually wills and intends the injury, or steps aside…
1Opinion of the CourtPelham, J.
The appellee, a clay laborer in the employ of the appellant, brought suit and recovered damages against the appellant for an assault and battery alleged to have been committed on him by appellant’s foreman, one W. H. Boland, while acting within the line and scope of his authority under his employment. The foreman, Boland, in addition to his duties in that capacity of employment inside the mill, had intrusted to him the superintendence, control, and management of the mill village, where the houses adjacent to the mill owned by the appellant and occupied by the laborers in its employ as tenants…
2Cases cited18 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Central of Georgia Railway Co. v. WhiteSupreme Court of Alabama · 1911
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Wells v. Henderson Land & Lumber Co.Supreme Court of Alabama · 1917
- Powell v. BinghamAlabama Court of Appeals · 1940
- Richard v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1920
5 more not listed; retrieve them via the Exa API.