Bryan v. Stewart
Supreme Court of Alabama
Appeal from Blount Circuit Court. Heard before Hon. J. E. Blackwood. Action by H. E. Stewart against E. J. Bryan. Judgment for plaintiff, and defendant appeals.
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Appeal from Blount Circuit Court. Heard before Hon. J. E. Blackwood. Action by H. E. Stewart against E. J. Bryan. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, p. 449, Acts 1911. The gravamen of the first count is that defendant negligently exposed or allowed to be exposed, a dynamite cap or other dangerous explosive on the premises of defendant, where plaintiffs two minor children (naming' them), aged, respectively, two and six years, were invited to be by defendant, as a proximate consequence of which said children, or one of them,'…
1Opinion of the Court
McCLELLAN, J. —
As submitted to the jury, the issues made were those tendered by the averments of *356counts 1 and 2. There is no assignment questioning rulings with respect to the sufficiency of these counts. The action is by the father (appellee) for damages consequent upon injuries suffered by his children. The plaintiff was the tenant of the defendant (appellant), and resided, with his family, on the defendant’s farm. Near by the dwelling occupied by plaintiff was a toolhouse in which the defendant had placed materials and things used about the farm. Among these things was a red box containing…
2Cases cited9 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- Mattson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota · 1905
- Alabama City G. & A. Ry. Co. v. AppletonSupreme Court of Alabama · 1911
- Dowling v. StateSupreme Court of Alabama · 1907
- Dickens v. StateSupreme Court of Alabama · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Smith v. RichardsonSupreme Court of Alabama · 1965
- Williams v. BoldingSupreme Court of Alabama · 1929
- Daily Times Democrat v. GrahamSupreme Court of Alabama · 1964
- Miller v. Gooding Highway Dist.Idaho Supreme Court · 1935
7 more not listed; retrieve them via the Exa API.