Birmingham Realty Co. v. Thomason
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. I-Iearcl before Hon. A. 0. Lane. Action by R. E. Thomason against the Birmingham Realty Company for injuries caused by blasting. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. I-Iearcl before Hon. A. 0. Lane. Action by R. E. Thomason against the Birmingham Realty Company for injuries caused by blasting. Judgment for plaintiff, and defendant appeals. The second count of the complaint is as follows, after alleging the residence of plaintiff and his family, and the location of the garden and outbuildings on the premises: “That the defendant, through its servants and agents, acting within the line and scope of their authority, under their employment by defendant, beginning-on, to wit, the 1st day of August, 1907, and on divers other…
1Opinion of the CourtWalker, P. J.
— We are not of opinion that the second count of the complaint as amended was subject to the ground of demurrer to it now relied on by the counsel for the appellant, which suggested its failure to allege or show how or in what manner the defendant (the appellant here) was guilty of wantonness. As we construe that count of the complaint with the addition to its averments made by the amendment, the wanton conduct complained of is that of the defendant’s employees acting within the line or scope of their employment. Their conduct, as it is described in the count as amended, is shown to have been…
2Cases cited8 opinions
- Engle v. SimmonsSupreme Court of Alabama · 1906
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
- Mattingly v. HoustonSupreme Court of Alabama · 1909
- Snedecor v. PopeSupreme Court of Alabama · 1904
- Birmingham Ore & Mining Co. v. GroverSupreme Court of Alabama · 1909
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3Cited by5 opinions
- Parker v. NewmanSupreme Court of Alabama · 1917
- Birmingham Coal Coke Co., Inc. v. JohnsonSupreme Court of Alabama · 2008
- J. B. McCrary Co. v. PhillipsSupreme Court of Alabama · 1930
- Tennessee Coal, Iron R. Co. v. HartlineSupreme Court of Alabama · 1943
- Coalite, Inc. v. AldridgeAlabama Court of Appeals · 1968