Birmingham Fuel Co. v. Stocks
Alabama Court of Appeals
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by James Stocks against the Birmingham Fuel Company for damages for injury while in its employ. Judgment for plaintiff, and defendant appeals.
1Opinion of the Court
BROWN, J.(1) The case was submitted to the jury on the second count of the complaint, ascribing plaintiff’s injury to a defect in the ways, works, machinery, or plant of the defendant, averring the defect to be that “the track of said tramroad at or near where plaintiff was injured was defective,” and further alleging : “Which defect arose from or had not been remedied owing to the negligence of the defendant, or of some person in the service or employment of the defendant and intrusted by the defendant with the duty of seeing that the ways, works, machinery, or plant were in proper…
2Cases cited13 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Sharp v. HallSupreme Court of Alabama · 1888
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. LandersSupreme Court of Alabama · 1902
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mahone v. Birmingham Electric Co.Supreme Court of Alabama · 1954
- Holcombe v. StateAlabama Court of Appeals · 1919
- Simmons v. StateAlabama Court of Appeals · 1919
- Gulledge v. StateSupreme Court of Alabama · 1936
- Young v. StateAlabama Court of Appeals · 1945
2 more not listed; retrieve them via the Exa API.