Doullut Williams v. Hoffman
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by George Garner Hoffman, suing by his next friend, against Doullut & Williams. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by George Garner Hoffman, suing by his next friend, against Doullut & Williams. Judgment for plaintiff, and defendant appeals. The following are the counts of the complaint referred to in the opinion: (3) Plaintiff claims of the defendant the sum of $25,000 for that, heretofore, to wit, on the 23d day of September, 1918, the plaintiff was badly cut, burned, and hurt on his legs, body, and his head, from which he suffered great pain, both in body and in mind, and by reason of which he was put to great loss of time and…
1Opinion of the CourtBrown, J.
[1] The third and fourth counts of the complaint were not rendered subject to demurrer by the averment that, “by the terms of the contract” between the Chickasaw Shipbuilding Company and the defendant, the plaintiff, as representative of the shipbuilding company, had the right to be on the pile driver at the time he was injured. In pleading a contract it is permissible to state its legal effect. Davis v. Campbell, 3 Stew. 319; Pharr v. Bachelor, 3 Ala. 237; 2 Mayf. Dig. p. 808, par. 849.
[2] These averments, made as matters of inducement, relieved the plaintiff of the imputation that he was a…
2Cases cited26 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Birmingham Railway, Light & Power Co. v. FriedmanSupreme Court of Alabama · 1914
21 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Montgomery Light Water Power Co. v. ThombsSupreme Court of Alabama · 1920
- J. R. Watkins Co. v. GoggansSupreme Court of Alabama · 1941
- Bennett v. BennettSupreme Court of Alabama · 1932
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