John v. Birmingham Realty Co.
Supreme Court of Alabama
Injury by Explosion. Appeal from Birmingham City Court. Heard before' Hon. H. A. Sharpe. Action by Jos. W. John, by his next friend, Sam Will John, against the Birmingham Realty Company and Bracket O. Watkins, for damages for injury caused plaintiff by reason of an explosion alleged to have oc- ' curred on account of negligently leaving some caps and explosives unprotected and exposed to sight on the public streets of the city of Birmingham.
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Injury by Explosion. Appeal from Birmingham City Court. Heard before' Hon. H. A. Sharpe. Action by Jos. W. John, by his next friend, Sam Will John, against the Birmingham Realty Company and Bracket O. Watkins, for damages for injury caused plaintiff by reason of an explosion alleged to have oc- ' curred on account of negligently leaving some caps and explosives unprotected and exposed to sight on the public streets of the city of Birmingham. Judgment for defendants, and plaintiff appeals. It appears from the complaint that the plaintiff was a boy under 10 years of age!, and while rightfully…
1Opinion of the CourtAnderson, J.
While the general affirmative charge should never be given whenever there is any evidence or a reasonable inference in opposition to same, yet the inference must he reasonable, and not merely conjectural or imaginary, and unless it is reasonable the giving of said charge is warranted.
The only theory upon which the plaintiff could recover in this case is upon proof, positive or circumstantial, that the caps found by him were placed or *605left there by the defendants, or their agents or servants. There was proof that one of the defendants (Watkins) had snch caps in his commissary, bnt no proof…
2Cited by23 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- McClinton v. McClintonSupreme Court of Alabama · 1952
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