Alabama Steel & Wire Co. v. Thompson
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by J. M. Thompson against the Alabama Steel & Wire Company. From a judgment for plaintiff, defendant appeals. The pleadings and evidence are sufficiently stated in the opinion. The following charge was given for the plaintiff: (2) “If the evidence reasonably satisfies the jury that the material averments of any one count of the complaint are true, they will find a verdict for the plaintiff.”
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by J. M. Thompson against the Alabama Steel & Wire Company. From a judgment for plaintiff, defendant appeals. The pleadings and evidence are sufficiently stated in the opinion. The following charge was given for the plaintiff: (2) “If the evidence reasonably satisfies the jury that the material averments of any one count of the complaint are true, they will find a verdict for the plaintiff.” The following charges were refused to the defendant: (C ) “If you believe from the evidence that the plaintiff attempted to…
1Opinion of the CourtDowdell, C. J.
This cause was tried in the court below on the first and second counts of the complaint. These counts are based on subdivision 1 of the employer’s liability statute (section 3910 of the Code of 1907). The pleas were the general issue, contributory negligence, and assumption of risk. Demurrers were interposed to the special pleas, but the rulings of the court on these demurrers are not insisted on as error. Special replications were made to the plea of assumption of risk, and demurrers interposed to the replication, which were overruled as answers to plea No. 4, and sustained as answers to…
2Cases cited6 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Frierson v. FrazierSupreme Court of Alabama · 1904
- Burgess v. American Mortgage Co.Supreme Court of Alabama · 1896
- Virginia Bridge & Iron Co. v. JordanSupreme Court of Alabama · 1904
- Allen v. StateSupreme Court of Alabama · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- McClurkin v. McClurkinSupreme Court of Alabama · 1921
- Age-Herald Publishing Co. v. WatermanSupreme Court of Alabama · 1913
- Sorsby v. WilkersonSupreme Court of Alabama · 1921
- Burnett v. GarrisonSupreme Court of Alabama · 1954
- Little Cahaba Coal Co. v. GilbertSupreme Court of Alabama · 1912
19 more not listed; retrieve them via the Exa API.