Owen v. Ala. Gt. So. R. R. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by William C. Owen against tbe Alabama Great Southern Railway Company, for damages suffered while in its employ. Judgment for defendant, and plaintiff appeals. While in the service of the defendant company as a boiler maker, plaintiff Was injured by having his gloved hand caught in a drilling machine, which was at the time being used by himself and under his exclusive control.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by William C. Owen against tbe Alabama Great Southern Railway Company, for damages suffered while in its employ. Judgment for defendant, and plaintiff appeals. While in the service of the defendant company as a boiler maker, plaintiff Was injured by having his gloved hand caught in a drilling machine, which was at the time being used by himself and under his exclusive control. The mode and circumstances of the injury were substantially as follows: Plaintiff was drilling out stay bolts in a boiler with an air motor…
1Opinion of the CourtSomerville, J.
The first count of the complaint is framed under subdivision 1 of section 3910 of the Code, and bases plaintiff’s right of recovery upon a defect in the machine furnished him to work with.
The second and third counts are framed under subdivision 2 of the statute, and impute the injury to the negligence of a person in the service of defendant_who had superintendence intrusted to him, while exercising such superintendence; the charge being that such person “caused or allowed plaintiff’s glove or hand covering to be caught on the occasion aforesaid, and plaintiff to Suffer said injury or damage.”
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2Cases cited12 opinions
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Smoot v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1880
- First National Bank v. ChandlerSupreme Court of Alabama · 1905
- Mary Lee Coal & Railway Co. v. ChamblissSupreme Court of Alabama · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Beville v. TaylorSupreme Court of Alabama · 1918
- Harvey v. BodmanSupreme Court of Alabama · 1925
- Alabama Power Co. v. GladdenSupreme Court of Alabama · 1939
- Little Cahaba Coal Co. v. ArnoldSupreme Court of Alabama · 1921
5 more not listed; retrieve them via the Exa API.