Grasselli Chemical Co. v. Davis
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by W. O. Davis, against Garselli Chemical1 Company for personal injuries. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by W. O. Davis, against Garselli Chemical1 Company for personal injuries. Judgment for plaintiff, and defendant appeals. The first count and the second count were drawn under subdivision 1 of the employer’s liability act (Code 1907, § 3910), and counted on a defect in the ways,, works, machinery, and plant, etc.; the first count alleging that the stepladder used in doing said work about which plaintiff was engaged in pursuit of his employment was insecurely and improperly fixed thereto, and on acco.unt thereof, when…
1Opinion of the CourtSimpson, J.
This suit is by the appellee against the appellant, claiming damages for injury to the plaintiff as an employe of the defendant. The first assignment of error insisted on is to the overruling of the demurrer to the first count of the complaint. The gravamen of this insistence is that the ladder, described in said count, is not a part of the “plant” of the defendant. It is true that the cases from the courts of other states, cited by appellant, do hold that a ladder is a tool, and not a part of the “plant.” On the other hand, there are cases in the English and other courts which hold to the…
2Cases cited18 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Yeager v. City of BluefieldWest Virginia Supreme Court · 1895
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Going v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1904
13 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
- Prudential Ins. Co. v. CalvinSupreme Court of Alabama · 1933
- Manning v. StateSupreme Court of Alabama · 1928
- Birmingham Electric Co. v. McQueenSupreme Court of Alabama · 1950
18 more not listed; retrieve them via the Exa API.