Anniston Pipe Works v. Dickey
Supreme Court of Alabama
Action by Workman against Employer, for Damages on Account of Personal Injuries. Appeal from the City Court of Anniston. Tried before the Hon. B. F. Cassady. This action was brought by Wm.
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Action by Workman against Employer, for Damages on Account of Personal Injuries. Appeal from the City Court of Anniston. Tried before the Hon. B. F. Cassady. This action was brought by Wm. H. Dickey against the appellant, a private corporation, to recover damages for personal injuries received by plaintiff while in defendant’s service; and was founded on the statute — -Code, § 2590. The accident occurred on the 23d August, 1890, while the plaintiff, with other workmen, was engaged in removing on a hand-crane heavy bars or pipes, from a place on the ground where they were deposited by a…
1Opinion of the CourtMcCLELLAN, J.
— This cause was tried below without a jury, and the present appeal presents for review the conclusion of the court on the evidence.
The complaint contains three counts. The first count alleges negligence of the defendant in respect of a defect in certain machinery, a steam-crane, in consequence of which the injury complained of was inflicted. A very considerable preponderance of the evidence satisfies us of the non-existence of this alleged defect, or that, if it existed at all, it had not arisen from, or been allowed to continue unremedied in consequence of, the negligence of the defendant…
2Cases cited4 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1890
- Columbus & Western Railway Co. v. BradfordSupreme Court of Alabama · 1888
3Cited by7 opinions
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- Stringer v. Alabama Mineral RailroadSupreme Court of Alabama · 1892
- Dantzler v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1893
- Birmingham Waterworks Co. v. BrooksAlabama Court of Appeals · 1916
- Louisville & Nashville Railroad v. RichardsSupreme Court of Alabama · 1893
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