Stowers v. Dwight Mfg. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Etowah. County; O. A. Steele, Judge. Action by Henry E. Stowers against the Dwight Manufacturing Company for damages for injury while engaged in its employment. Judgment for defendant, and plaintiff appeals. Before introducing evidence, by agreement of the parties, the court, the jury, the attorneys, and the sheriff went to where the plant was located, and there viewed the machinery upon which plaintiff was working when he was injured.
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Appeal from Circuit Court, Etowah. County; O. A. Steele, Judge. Action by Henry E. Stowers against the Dwight Manufacturing Company for damages for injury while engaged in its employment. Judgment for defendant, and plaintiff appeals. Before introducing evidence, by agreement of the parties, the court, the jury, the attorneys, and the sheriff went to where the plant was located, and there viewed the machinery upon which plaintiff was working when he was injured. The machinery was manipulated by being started and stopped and regularly operated. The complaint charged negligence of one Harrison…
1Opinion of the CourtMayfield, J.
The action is brought under the second and third subdivisions of the Employers’ Liability Act (section 3910 of the Code), to recover damages of the master for personal injuries to the servant. The trial was had on the general issue and the contributory negligence of the plaintiff, and the court gave the affirmative charge for the defendant. Plaintiff appeals.
The whole of the evidence is set out in the transcript and in the brief of counsel for appellant.
- [1-3] We are of the opinion that the trial court ruled correctly. Under our system of laws and. the practice prevailing in our court for…
2Cases cited8 opinions
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
- Southern Railway Co. v. DrakeSupreme Court of Alabama · 1910
- Scales v. Central Iron & Coal Co.Supreme Court of Alabama · 1911
- Southern Railway Co. v. WilliamsSupreme Court of Alabama · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
- Louisville N. R. Co. v. MaddoxSupreme Court of Alabama · 1938
- Pollard v. RogersSupreme Court of Alabama · 1937
- Alabama Power Co. v. BerrySupreme Court of Alabama · 1950
- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924
21 more not listed; retrieve them via the Exa API.