Jones v. Union Foundry Co.
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman. Action by A. J. Jones against the Union Foundry Company., From a judgment for defendant, plaintiff appeals. The judgment resulted in a verdict for the defendant, and the plaintiff made an application for new trial, based upon alleged error in giving certain charges for the defendant, which motion was overruled.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman. Action by A. J. Jones against the Union Foundry Company., From a judgment for defendant, plaintiff appeals. The judgment resulted in a verdict for the defendant, and the plaintiff made an application for new trial, based upon alleged error in giving certain charges for the defendant, which motion was overruled. The charges are as follows: (2) “The court charges the jury that the defendant was not an insurer of the plaintiff against risks incident to the business in which the plaintiff was engaged, and that the negligence of…
1Opinion of the CourtSimpson, J.
This action is by the appellant against the appellee for damages resulting from an injury to the eye of the plaintiff while working as an employee of the defendant in its foundry. The gravamen of the complaint is that the roof of said foundry was defective, so that it leaked, and the sand in the gangway became wet, and that another employee, after pouring the molten iron into the flask, threw what remained in the ladle (“as was the custom which was known to defendant”) on the wet sand in the gangway, causing an explosion which resulted in the injury to plaintiff’s eye.
The first count is based…
2Cases cited3 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Williams v. Anniston Electric & Gas Co.Supreme Court of Alabama · 1909
- St. Louis & S. F. R. R. v. PhillipsSupreme Court of Alabama · 1910
3Cited by6 opinions
- Fleetwood v. Pacific Mut. Life Ins. Co.Supreme Court of Alabama · 1945
- Ala. Fuel & Iron Co. v. BaladoniAlabama Court of Appeals · 1916
- Holmes v. Birmingham Transit Co.Supreme Court of Alabama · 1959
- Prince v. BryantSupreme Court of Alabama · 1962
- Sheppard v. StateAlabama Court of Appeals · 1912
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