Legal Opinion

Whaley v. Sloss-Sheffield S. & I. Co.

Supreme Court of Alabama

Decided December 21, 1909PublishedCited by 16 opinions

Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Lewis Whaley against the Sloss-Sheffield Steel & Iron Company for damages to his property caused by the explosion of dynamite or other explosive substance. From a judgment for defendant, plaintiff appeals.

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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Lewis Whaley against the Sloss-Sheffield Steel & Iron Company for damages to his property caused by the explosion of dynamite or other explosive substance. From a judgment for defendant, plaintiff appeals. The charges refused to the plaintiff are as follows: (2) “If the jury find from.the evidence that the defendant negligently kept large quantities of dynamite and other explosives in a wooden magazine within the incorporated town of North Birmingham, where the same was liable to explode, and they further find from…

1Opinion of the CourtMayfield, J.

Appellant sued to recover damages for injury to his storehouse, caused by the expío*221sion of dynamite which the defendant had stored in its magazine, bnilt for snch storage purposes, upon its own premises.

The defendant, at the time of the explosion, and for a long time prior thereto, was engaged in the manufacture of iron, and for this purpose it was necessary to blast the lime rock used for flux as well as the iron ore. The defendant’s plant was located upon a thin vein of lime rock, which ivas exposed or near the surface, there being little earth or drift formation upon the limestone. The…

2Cases cited3 opinions

  1. Judson v. Giant Powder Co.California Supreme Court · 1895
  2. Kinney v. Koopman & GerdesSupreme Court of Alabama · 1896
  3. Rudder v. Koopman & GerdesSupreme Court of Alabama · 1896

3Cited by16 opinions

  1. Pappas v. Alabama Power CompanySupreme Court of Alabama · 1960
  2. Fritz v. E. I. duPont De Nemours & Co.Superior Court of Delaware · 1950
  3. Murphy v. OssolaSupreme Court of Connecticut · 1938
  4. Western Ry. of Alabama v. StillSupreme Court of Alabama · 1977
  5. Monroe Bond & Mortgage Co. v. State Ex Rel. HybartSupreme Court of Alabama · 1950

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