Fuller v. Lanett Bleaching & Dye Works
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Heard before Hon. A. H. Alston. Action by John K. Fuller against the Lanett Bleaching and Dye Works. From a judgment for defendant, plaintiff appeals. Plaintiff, while engaged in the services of defendant, as a tender of its dye cans, was injured by the fall of a freight elevator used as part of defendant’s dye works ’ for the raising and lowering of bales of cotton to qnd from the first and second floors of its building.
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Appeal from Chambers Circuit Court. Heard before Hon. A. H. Alston. Action by John K. Fuller against the Lanett Bleaching and Dye Works. From a judgment for defendant, plaintiff appeals. Plaintiff, while engaged in the services of defendant, as a tender of its dye cans, was injured by the fall of a freight elevator used as part of defendant’s dye works ’ for the raising and lowering of bales of cotton to qnd from the first and second floors of its building. The elevator was a simple one operated by hand, and.the car was hoisted on a weighted rope, hung on a pulley, with shafting and…
1Opinion of the Court
SOMERVILLE, J.—(1) It was not necessary for the plaintiff to allege in the second count that both “the elevator, and the machinery by which said elevator Avas *211hoisted, were defective.” But, having chosen to separate the elevator from its hoisting machinery, and to separately specify the defectiveness of each, it was incumbent upon him to prove that each was separately defective. There is nothing in the evidence suggestive of any defect in the elevator itself; and hence a material part of the case stated by the count is without support.(2) The third count, which must be considered only with…
2Cited by6 opinions
- Alabama Power Co. v. HallSupreme Court of Alabama · 1925
- Gulf States Steel Co. v. JusticeSupreme Court of Alabama · 1920
- Morris v. Merritt Oil Co.Supreme Court of Alabama · 1996
- Clark-Pratt Cotton Mills Co. v. BaileySupreme Court of Alabama · 1918
- Lowery v. Illinois Central R. R.Supreme Court of Alabama · 1915
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