Holland-Blow Stave Co. v. Spencer
Alabama Court of Appeals
Appeal from City Court of Montgomery; Gaston Gunter, Judge. Action by Will Spencer against the Holland-Blow Stave Company. From a judgment for plaintiff, defendant ap'peals. The first count declares as for a defect in the condition of the ways, works, machinery, or plant used by defendant in its said business. The second count declares that for negligence of defendant in failing to provide plaintiff with a reasonably safe place in which to do his work under his employment.
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Appeal from City Court of Montgomery; Gaston Gunter, Judge. Action by Will Spencer against the Holland-Blow Stave Company. From a judgment for plaintiff, defendant ap'peals. The first count declares as for a defect in the condition of the ways, works, machinery, or plant used by defendant in its said business. The second count declares that for negligence of defendant in failing to provide plaintiff with a reasonably safe place in which to do his work under his employment. The third count declares upon the negligence of one John Thompson, then and there in superintendence of plaintiff, to…
1Opinion of the Court
BROWN, P. J..The questions presented by the assignments of error predicated on the refusal of the affirmative charge to the defendant as to the first and second counts of the complaint are: (1) Was the scaffold in question, and which fell and injured the plaintiff, a part of the defendant’s “ways, works, machinery, or plant connected with, or used in the business-of, the master,” within the meaning of subdivision 1 of section 3910 of the Code? and (2) was this scaffold a place within the common-law rule that imposes on the master the nondelegable duty of furnishing the servant a safe place to…
2Cases cited25 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- Mulchey v. Methodist Religious SocietyMassachusetts Supreme Judicial Court · 1878
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Kimmer v. . WeberNew York Court of Appeals · 1897
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3Cited by2 opinions
- Gulf States Steel Co. v. JonesSupreme Court of Alabama · 1919
- Sloss-Sheffield Steed & Iron Co. v. HopsonAlabama Court of Appeals · 1918