Legal Opinion

Birmingham MacAroni Co. v. Tadrick

Supreme Court of Alabama

Decided February 3, 1921No. 6 Div. 83PublishedCited by 19 opinions

Appeal from Circuit Court, Jefferson Coun- ■ ty; Romaine Boyd, Judge. Action for assault and battery by Mrs. Carrie Tadrick against the Birmingham Macaroni Company. Judgment for plaintiff, and defendant appeals. Suit by appellee against appellant to recover damages for an assault and battery committed on ber in November, 1917, by the servants and employes of the defendant corporation while acting in the line and scope of their employment.

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Appeal from Circuit Court, Jefferson Coun- ■ ty; Romaine Boyd, Judge. Action for assault and battery by Mrs. Carrie Tadrick against the Birmingham Macaroni Company. Judgment for plaintiff, and defendant appeals. Suit by appellee against appellant to recover damages for an assault and battery committed on ber in November, 1917, by the servants and employes of the defendant corporation while acting in the line and scope of their employment. The cause was tried upon count 2 and the general issue thereon, resulting in a judgment in the sum of $3,000 for the plaintiff, from which this appeal is…

1Opinion of the CourtGardner, J.

The foregoing statement of the case will suffice for an understanding of the questions here presented.

Plaintiff, a former employs of the defendant, went to the factory on the regular pay day to receive the wages due her at the time she quit its employ, and insists that she was cursed, assaulted, and otherwise abused by the defendant’s superintendent then in charge of the factory, and by Mrs. Della Maxwell, referred to as “floor lady,” who made up the pay roll and paid off the employés.

[1] There is no insistence made that the defendant would not be responsible for the assault made by the…

2Cases cited16 opinions

  1. Central of Georgia Railway Co. v. WhiteSupreme Court of Alabama · 1911
  2. Johnson v. StateSupreme Court of Alabama · 1893
  3. Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
  4. Mobile & Montgomery Rail Road v. AshcraftSupreme Court of Alabama · 1872
  5. Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912

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

3Cited by19 opinions

  1. Airheart v. GreenSupreme Court of Alabama · 1958
  2. United States Fidelity & Guaranty Co. v. MillonasSupreme Court of Alabama · 1921
  3. Yarbrough v. MallorySupreme Court of Alabama · 1932
  4. Burns v. StateSupreme Court of Alabama · 1932
  5. Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924

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

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