Scoggins v. Atlantic & G. P. Cement Co.
Supreme Court of Alabama
Appeal from St. Glair Circuit Court. Heard, before Hon. J. T. Blackwood. Action by Lee Scoggins, administrator, against tbe Atlantic & Gulf Portland Cement Company. From a judgment for defendant, plaintiff appeals.
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Appeal from St. Glair Circuit Court. Heard, before Hon. J. T. Blackwood. Action by Lee Scoggins, administrator, against tbe Atlantic & Gulf Portland Cement Company. From a judgment for defendant, plaintiff appeals. Tbe first count alleges in snbstanee that on tbe 6tb day of August, 1909, tbe defendant was constructing its plant to be used by it in tbe manufacture of cement, and as a part of said plant tbe defendant bad constructed a large building of lumber at its plant near Ragland, Ala., and that on said day, while the plaintiff’s intestate was in the service or employment of the defendant,…
1Opinion of the CourtMayfield, J.
This action was brought by the appellant, against the appellee, under the Employer’s Liability Act, to recover damages for the wrongful death of plantiff’s intestate.
Intestate was hilled by the veranda of a clubhouse or boarding house falling upon him. He had gone under the veranda, of his own volition, with a friend —a brother-in-law of his — to take shelter from a rain. The veranda, at that time in process of construction, was not covered; but some planks or lumber which had been placed on the veranda to be used in the construction, formed a shelter from the rain. The veranda was only…
2Cases cited18 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Lookout Mountain Iron Co. v. LeaSupreme Court of Alabama · 1906
- Fletcher v. StateSupreme Court of Alabama · 1902
- Hart v. ColeMassachusetts Supreme Judicial Court · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- McDaniel Bros. v. WilsonCourt of Appeals of Texas · 1934
- Kelley's Dependents v. Hoosac Lumber Co.Supreme Court of Vermont · 1921
- W. S. Fowler Rental Equipment Company v. SkipperSupreme Court of Alabama · 1963
- Alabama Power Co. v. McIntoshSupreme Court of Alabama · 1929
- City of Mobile v. LargaySupreme Court of Alabama · 1977
23 more not listed; retrieve them via the Exa API.