Brent v. Baldwin
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by J. F. Baldwin against Rosella K. Brent for damages to building and stock of goods therein caused by a collapse of defendant’s building on an adjoining lot. Judgment for plaintiff and defendant appeals. The trial was had on three counts of the complaint; the second, the third, and the fifth as amended.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by J. F. Baldwin against Rosella K. Brent for damages to building and stock of goods therein caused by a collapse of defendant’s building on an adjoining lot. Judgment for plaintiff and defendant appeals. The trial was had on three counts of the complaint; the second, the third, and the fifth as amended. In the second count the negligence averred is that the defendant so negligently built, .constructed, or maintained her building that the same was unsafe and liable or likely to fall. The negligence averred in the…
1Opinion of the CourtDowdell, C. J.
The fifth count of the complaint, as amended, was not subject to the demurrer interposed. As amended, the count charged negligence as follows: “Plaintiff avers that the damages sustained by him as aforesaid Avere proximately caused by the negligence of the defendant in this: The defendant, or her duly authorized agent, who had control of said building, had knoAvdedge that said building was weak and poorly constructed, and incapable of standing up under a heavy load, and negligently rented said building for warehouse purposes, knowing that the same Avas unfitted for said purposes, and that as…
2Cases cited7 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Wilkinson v. Detroit Steel & Spring WorksMichigan Supreme Court · 1889
- Goldstein v. LeakeSupreme Court of Alabama · 1903
- Louisville & Nashville Railroad v. SandlinSupreme Court of Alabama · 1899
- Dorsey v. StateSupreme Court of Alabama · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Majestic Realty Associates, Inc. v. Toti Contracting Co.Supreme Court of New Jersey · 1959
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Scoggins v. Atlantic & G. P. Cement Co.Supreme Court of Alabama · 1912
- Flowers v. GravesSupreme Court of Alabama · 1929
- Central of Georgia Railway Co. v. HinsonSupreme Court of Alabama · 1955
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