Legal Opinion

Clark-Pratt Cotton Mills Co. v. Bailey

Supreme Court of Alabama

Decided February 14, 1918No. 3 Div. 303PublishedCited by 11 opinions

Appeal from Circuit Court, Autauga County; Leon McCord, Judge. Action by Vashti Bailey against the Clark-Pratt Cotton Mills Company for damages for injuries received while engaged in their employment. Judgment for plaintiff, and defendant appeals. While in the discharge of her duties as an employs of defendant cotton mill company, plaintiff was severely injured by the falling of a piece of steel shafting carrying several pullers and belts from its hangers overhead.

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Appeal from Circuit Court, Autauga County; Leon McCord, Judge. Action by Vashti Bailey against the Clark-Pratt Cotton Mills Company for damages for injuries received while engaged in their employment. Judgment for plaintiff, and defendant appeals. While in the discharge of her duties as an employs of defendant cotton mill company, plaintiff was severely injured by the falling of a piece of steel shafting carrying several pullers and belts from its hangers overhead. There were four counts to the complaint. Counts 1, 2, and A, are framed under subdivision 1 of section 3910, Code 1907, and the…

1Opinion of the CourtSomerville, J.

The testimony of plaintiff’s witness White tends to establish four defects in the structure or operation of the shafting, by the fall of which plaintiff was injured, which may have caused its fall, or materially contributed thereto: (1) There was an old crack in the shafting where it broke, within the hub of one of the pulleys, which had probably existed for many years; (2) the shafting was not hung properly, being out of line about half an inch; (3) the bearings supporting the shafting were worn about three-sixteenths' of an inch, causing it to jump, wabble, and vibrate, and tending to…

2Cases cited5 opinions

  1. Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
  2. Caldwell-Watson F. & M. Co. v. WatsonSupreme Court of Alabama · 1913
  3. Louisville & Nashville Railroad v. CampbellSupreme Court of Alabama · 1892
  4. Fuller v. Lanett Bleaching & Dye WorksSupreme Court of Alabama · 1914
  5. Campbell v. Louisville & Nashville RailroadSupreme Court of Alabama · 1895

3Cited by11 opinions

  1. Rose v. MagroSupreme Court of Alabama · 1929
  2. Atlanta Life Insurance Company v. StanleySupreme Court of Alabama · 1964
  3. Tennessee River Nav. Co. v. WallsSupreme Court of Alabama · 1923
  4. Pittman v. CalhounSupreme Court of Alabama · 1937
  5. W. T. Smith Lumber Co. v. McLainSupreme Court of Alabama · 1918

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