Sheffield Co. v. Morton
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hon. D. W. Speaice. Death action by Lizzie C. Morton, administratrix, against the Sheffield Company. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear in the opinion of the court.
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Appeal from Colbert Circuit Court. Heard before Hon. D. W. Speaice. Death action by Lizzie C. Morton, administratrix, against the Sheffield Company. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear in the opinion of the court. There were a number of counts in the complaint, all of which were eliminated except counts 3 and 5. Count 3 was as follows: “Plaintiff claims of the defendant the further sum of $20,000 damages, for that, whereas, heretofore, to wit, on the 24th day of December, 1904, the defendant was maintaining and operating an electric wire from…
1Opinion of the CourtSayre, J.
This case went to the jury on counts 3 and 5 of the complaint. There can be no doubt but that, to maintain an uninsulated wire charged with a dangerous current of electricity in a public place and in such proximity to the ground that persons passing may come into contact with it, without more, constitutes negligence. “Res ipsa loquitur.” In Postal Telegraph Cable Co. v. Jones, 133 Ala. 217, 32 South. 500, a contention that the failure to keep wires out of the way of trav*160elers along a public road did not show a breach of duty was pronounced to be too palpably unfounded to require discussion.…
2Cases cited10 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Haley v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1896
- Fletcher v. StateSupreme Court of Alabama · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Tolbert v. GulsbySupreme Court of Alabama · 1976
- Sullivan v. Alabama Power Co.Supreme Court of Alabama · 1944
- Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
- Alabama Power Co. v. BerrySupreme Court of Alabama · 1950
- Alabama Great Southern Railroad Co. v. GreenSupreme Court of Alabama · 1964
33 more not listed; retrieve them via the Exa API.