Legal Opinion

Shelby Iron Co. v. Bierly

Supreme Court of Alabama

Decided December 19, 1918No. 7 Div. 916PublishedCited by 18 opinions

Appeal from Circuit Court, Slielby County; Lum Duke, Judge. Action by H. F. Bierly against the Shelby Iron Company for damages for personal injuries while in its employment. From judgment for plaintiff, defendant appeals.

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Appeal from Circuit Court, Slielby County; Lum Duke, Judge. Action by H. F. Bierly against the Shelby Iron Company for damages for personal injuries while in its employment. From judgment for plaintiff, defendant appeals. The record does not disclose any demurrer to counts A and B of the amended complaint, but count A charges defect in the ways, works, plant, or machinery of the defendant causing injury to plaintiff, and count B charged a failure negligently to furnish the plaintiff with a reasonably safe place within which to do his work. The following are the pleas: (3) Defendant avers that…

1Opinion of the CourtSayre, J.

[1] Appellant, who was the party defendant in the trial court, assigns for error the action of the court in overruling the demurrers to counts A and B of the amended complaint. This court has held on a similar record that it could not review the rulings in question for the reason that the record does not show what grounds of demurrer were taken against the amended complaint. Shelby Iron Co. v. Bean, 82 South. 92.

[2-4] The demurrers to pleas 3 and 4 should have been overruled. These pleas stated facts from which the jury may have inferred negligence on the part of plaintiff contributing…

2Cases cited4 opinions

  1. Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
  2. Lord v. City of MobileSupreme Court of Alabama · 1896
  3. West v. ThomasSupreme Court of Alabama · 1892
  4. Shelby Iron Co. v. BeanSupreme Court of Alabama · 1918

3Cited by18 opinions

  1. Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
  2. Brown v. ParnellSupreme Court of Alabama · 1980
  3. Patterson v. SeibenhenerSupreme Court of Alabama · 1962
  4. Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
  5. West v. SpratlingSupreme Court of Alabama · 1920

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