Legal Opinion

United States Cast Iron, Pipe & Foundry Co. v. Granger

Supreme Court of Alabama

Decided April 13, 1911PublishedCited by 12 opinions

Injury to. Servant. Appeal from Bessemer City. Court. Heard before Hon. Wm. Jackson. Action by Jobn Granger against the United States Cast Iron Pipe & Foundry Company. From a judgment for plaintiff, defendant appeals.

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Injury to. Servant. Appeal from Bessemer City. Court. Heard before Hon. Wm. Jackson. Action by Jobn Granger against the United States Cast Iron Pipe & Foundry Company. From a judgment for plaintiff, defendant appeals. The excerpt from the court’s oral charge is as follows: “To entitle the plaintiff to recover in this case, the question for you to determine is whether or not the hook was in a defective condition- — that that was the cause that proximately contributed to his injury. If you find it was, then the question for you to consider is whether or not plaintiff would be entitled to…

1Opinion of the CourtMoCLELLAN, J.

This is the second appeal in this case. — United States C. I. P. & F. Co. v. Granger, 162 Ala. 637, 50 South. 159. On the retrial the case went to the jury on the issues made by counts 3 and 4, and pleas of the general issue, contributory negligence, and assumption of risk. These counts Impute negligence to the defendant (appellant) in respect of its ways,, works, machinery, etc., whereby a large piece of iron, called a “corebar,” was permitted to fall upon him, to his injury. These counts were drawn under the first subdivision of the liability act (Code 1907, § 3910).

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2Cases cited12 opinions

  1. Cobb v. MaloneSupreme Court of Alabama · 1890
  2. Miller v. StateSupreme Court of Alabama · 1894
  3. Springer v. City of ChicagoIllinois Supreme Court · 1891
  4. Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
  5. Tesney v. StateSupreme Court of Alabama · 1884

7 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
  2. Moore v. Macon Coca-Cola Bottling Co.Supreme Court of Georgia · 1935
  3. Kuykendall v. EdmondsonSupreme Court of Alabama · 1922
  4. City of Edmond v. WashamSupreme Court of Oklahoma · 1940
  5. Birmingham Electric Co. v. LinnAlabama Court of Appeals · 1948

7 more not listed; retrieve them via the Exa API.

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