National Baking & Lunch Co. v. Wilson
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Will Wilson against the National Baking & Lunch Company and Herman Fisch, for damages for injuries received. Judgment for plaintiff, and defendants appeal.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Will Wilson against the National Baking & Lunch Company and Herman Fisch, for damages for injuries received. Judgment for plaintiff, and defendants appeal. Transferred from the Court of Appeals under section 6, Acts 1911, p. 449. The first count alleges that defendant National Baking & Lunch Company operates a restaurant, and that while plaintiff was in said restaurant or rest room by its invitation, and as a patron, Herman Fisch, negligently threw a plate which struck plaintiff in the face, and as a proximate…
1Opinion of the Court
SAYRE, J.—(1) This action was brought against two defendants, one a natural person, the other a corporation. It is reasonable to assume that the pleader intended to charge defendants as joint tort-feasors, but, considering the peculiar nature of the wrong charged, the unusually meager and uncommunicative phraseology of the first count must be noted. As amended, this count, when it came to a statement of the gist of plaintiff’s action, alleged that “the defendants negligently threw a plate which struck the plaintiff.” A corporation may be liable for the damage done by a plate negligently…
2Cases cited7 opinions
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Southern Railway Co. v. HanbySupreme Court of Alabama · 1910
- Bryant v. Southern Railway Co.Supreme Court of Alabama · 1902
- Interstate L. Co. v. DukeSupreme Court of Alabama · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Aldrich v. Tyler Grocery Co.Supreme Court of Alabama · 1921
- Peck v. HendersonSupreme Court of Alabama · 1928
- Lehigh Portland Cement Co. v. SharitSupreme Court of Alabama · 1937
- Supreme Lodge of the World, Loyal O. of M. v. GustinSupreme Court of Alabama · 1918
- Johnson v. McNearSupreme Court of Alabama · 1951
6 more not listed; retrieve them via the Exa API.