Welch v. Evans Bros. Construction Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. É. C. Crowe. Action by Wade C. Welch against tbe Evans Bros. Construction Company. Judgment for defendant, and plaintiff appeals.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. É. C. Crowe. Action by Wade C. Welch against tbe Evans Bros. Construction Company. Judgment for defendant, and plaintiff appeals. Tbe complaint proceeds on tbe theory, as stated in tbe opinion, that tbe damage to tbe goods resulted from leaving open and uncovered a bole in tbe roof of tbe building in which plaintiff conducted a wholesale fruit and produce store, and from which consequent injury and damage ensued; that- defendant bad engaged to repair and was in the act of repairing said roof under contract, and so negligently and…
1Opinion of the Court
de GRAFFENRIEU, J.
The plaintiff, Wade C. Welch, was a merchant in the city of Birmingham. The store in which he kept his goods caught fire, and a small hole was burned in the roof. There was evidence tending to show that, when the fire department put the fire out, water was poured into the building. Some of the evidence tended to show that this water materially injured the goods of the plaintiff, while there was other evidence tending to show that no material injury was thereby caused to the plaintiff’s goods.
2. The defendant, the Evans Construction Company, was employed to repair the hole…
2Cases cited4 opinions
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
- Young & Co. v. CuretonSupreme Court of Alabama · 1888
- Krebs Manufacturing Co. v. BrownSupreme Court of Alabama · 1895
- Bagby v. HarrisSupreme Court of Alabama · 1846
3Cited by15 opinions
- Coastal Concrete Co., Inc. v. PattersonSupreme Court of Alabama · 1987
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1930
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
- Law v. Gulf States Steel Co.Supreme Court of Alabama · 1934
- Byars v. JamesSupreme Court of Alabama · 1922
10 more not listed; retrieve them via the Exa API.