Sloss-Scheffield Steel & Iron Co. v. Gardner
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by Gilbert Gardner against the Sloss-Sheffield Steel '& Iron Company for damages for personal injuries. Judgment for plaintiff, and' defendant appeals. Gilbert Gardner along with others ivas a mucker loading ore on cars at a. mine called Sloss mine, and with some others was hit by flying rocks from a shot on the slope.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by Gilbert Gardner against the Sloss-Sheffield Steel '& Iron Company for damages for personal injuries. Judgment for plaintiff, and' defendant appeals. Gilbert Gardner along with others ivas a mucker loading ore on cars at a. mine called Sloss mine, and with some others was hit by flying rocks from a shot on the slope. Gardner’s arm was injured severely by one of the rocks, while the others escaped injury. The evidence tended to show that one Lon Tyler had charge of the job; that the company furnished the machinery and…
1Opinion of the CourtSamford, J.
[1] Where testimony is immaterial to the issues involved in the trial of a case, it is not always easy of ascertainment, whether its admission constitutes prejudicial error. The same is true where witnesses are permitted to testify to conclusions. Where the detail facts are all testified to, by the witness testifying to the conclusion, the court can usually determine whether rule 45 1 should be applied or not, but the safe rule, in the trial of all cases, is to confine both parties to the rules of evidence requiring the statement of facts and not conclusions. Where, however, one party has…
2Cases cited5 opinions
- Harris v. McNamaraSupreme Court of Alabama · 1892
- Porter v. Tennessee Coal, Iron & Railway Co.Supreme Court of Alabama · 1912
- Coal City Mining Corporation v. DavisAlabama Court of Appeals · 1919
- Clement v. CuretonSupreme Court of Alabama · 1860
- New Farley Nat. Bank v. Montgomery CountyAlabama Court of Appeals · 1919
3Cited by3 opinions
- Rose v. Miller & Co., Inc.Supreme Court of Alabama · 1983
- Hubbard v. StateCourt of Criminal Appeals of Alabama · 1985
- McHugh v. HarrisonSupreme Court of Alabama · 1957