Drew v. Western Steel Car & Mfg. Co.
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by Arthur Drew against the Western Steel Car & Manufacturing Company, for injuries sustained while in its employment. Judgment for defendant and plaintiff appeals. The court was in error in giving the affirmative charge because the plaintiff was entitled to have the question of defendant’s negligence submitted to a jury. — Smoot y.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by Arthur Drew against the Western Steel Car & Manufacturing Company, for injuries sustained while in its employment. Judgment for defendant and plaintiff appeals. The court was in error in giving the affirmative charge because the plaintiff was entitled to have the question of defendant’s negligence submitted to a jury. — Smoot y. N. & M. R. R. Co., 67 Ala. 13) City v. Harris, 101 Ala. 564) 26 Cyc. 460) 1 Leb. 237) 56 Barb. 151. The company receiving the car had no right to rely on the presumption that another…
1Opinion of the CourtSomerville, J.
Plaintiff sued to recover for personal injuries, and the case was submitted on the following agreed statement of facts, which ivas all the evidence :
“On the 15th day of March, 1909, plaintiff was an employee of defendant. While engaged in the regular course of his employment, he sustained injuries by ammonia gas escaping from an ammonia tank, which Avas being broken by the steam hammer of defendant. Plaintiff’s injuries confined him to his bed and incapacitated him from working for three weeks, Aveakened his eyesight, and caused him to be short-winded. This ammonia tank had been taken from a…
2Cases cited9 opinions
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Williams v. Anniston Electric & Gas Co.Supreme Court of Alabama · 1909
- Southern Ry. Co. v. McGowanSupreme Court of Alabama · 1907
- Tutwiler Coal, Coke & Iron Co. v. FarringtonSupreme Court of Alabama · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Quillen v. QuillenSupreme Court of Alabama · 1980
- Jones Food Co., Inc. v. ShipmanSupreme Court of Alabama · 2007
- Patterson v. SeibenhenerSupreme Court of Alabama · 1962
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Wilson v. Gulf States Steel Co.Supreme Court of Alabama · 1915
2 more not listed; retrieve them via the Exa API.