Legal Opinion

Coalite, Inc. v. Aldridge

Alabama Court of Appeals

Decided August 27, 1968No. 6 Div. 331PublishedCited by 3 opinions

1Opinion of the Court

CATES, Judge.

Mr. and Mrs. Aldridge got a $1,000 negligence judgment because Coalite’s strip mine blasting caused vibrations which shook their house.

The judgment below can only be upheld if the evidentiary rule of res ipsa loquitur applies to prove negligence as a product of vibrations or concussions from blasting. We hold it does .and affirm.

I

Facts

Coalite, Inc., while engaged in strip mining, admittedly set off large quantities of explosives about 6100 feet from appellee’s house.

Coalite did the blasting complained of during the months of June, July, and August of 1965. Shots were set off once…

2Cases cited63 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Dalehite v. United StatesSupreme Court of the United States · 1953
  3. Sweeney v. ErvingSupreme Court of the United States · 1913
  4. San Juan Light & Transit Co. v. RequenaSupreme Court of the United States · 1912
  5. Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893

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

3Cited by3 opinions

  1. Coalite, Inc. v. AldridgeSupreme Court of Alabama · 1969
  2. Alabama Power Co. v. WallaceSupreme Court of Alabama · 1989
  3. Coalite, Inc. v. AldridgeCourt of Civil Appeals of Alabama · 1969

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