Dwight Manufacturing Co. v. Holmes
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by Samantha Holmes against the Dwight Manufacturing Company for personal injuries. Judgment for the plaintiff and the defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 450.
1Opinion of the Court
THOMAS, j.
This suit is to recover damages for personal injuries. The trial was had on counts 1 and B, respectively, under the first and third subdivisions of the Employers’ Liability Act (Code, § 3910).(1) When a complaint for negligence shows a relation between the parties out of which arises a duty owing from the defendant to the plaintiff, and it is averred that the defendant negligently failed to do and perform the act imposed by that duty, a sufficient cause of action is stated. What the defendant did, and how he did it, or what he failed or omitted to do, is generally better known to…
2Cases cited50 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Shipp v. SheltonSupreme Court of Alabama · 1915
45 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Jackson v. VaughnSupreme Court of Alabama · 1920
- American Ry. Express Co. v. ReidSupreme Court of Alabama · 1927
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Wright v. McCordSupreme Court of Alabama · 1920
46 more not listed; retrieve them via the Exa API.