Legal Opinion

Mudd v. Gray

Supreme Court of Alabama

Decided April 26, 1917No. 6 Div. 535PublishedCited by 25 opinions

Appeal from Circuit Court, Jefferson County; E. C. Crow, Judge. Suit by F. P. Gray against W. S. Mudd and others. ' Judgment for plaintiff, and defendants appeal. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. Suit by appellee (plaintiff) against the appellants to recover damages for injuries received by plaintiff, resulting from a fall on the stairway of a building owned by the defendants in the city of Birmingham.

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Appeal from Circuit Court, Jefferson County; E. C. Crow, Judge. Suit by F. P. Gray against W. S. Mudd and others. ' Judgment for plaintiff, and defendants appeal. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. Suit by appellee (plaintiff) against the appellants to recover damages for injuries received by plaintiff, resulting from a fall on the stairway of a building owned by the defendants in the city of Birmingham. Said stairway led to the second floor of said building, where the offices of tenants of the defendants were located, and was owned and controlled by said…

1Opinion of the CourtGardner, J.

The facts established without dispute may be .summarized as follows:

Appellants (defendants in the court below) were the owners of adjoining lots, together with the buildings thereon, in the city of Birmingham. The said adjoining buildings were connected by a common stairway. The second floor of the buildings was used as offices and rented to various tenants. The defendants owned and jointly controlled the stairway leading to the second floor, by means of which stairway the offices on said floor were reached by the public. It further appears that one Brintle was a tenant in the building owned…

2Cases cited13 opinions

  1. Plummer v. DillMassachusetts Supreme Judicial Court · 1892
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
  3. Gallagher v. MurphyMassachusetts Supreme Judicial Court · 1915
  4. Domenicis v. FleisherMassachusetts Supreme Judicial Court · 1907
  5. Barron v. LiedloffSupreme Court of Minnesota · 1905

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3Cited by25 opinions

  1. Lamson & Sessions Bolt Co. v. McCartySupreme Court of Alabama · 1937
  2. Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
  3. Mitchell v. MooreSupreme Court of Alabama · 1981
  4. Latham v. Aronov Realty Co.Supreme Court of Alabama · 1983
  5. Adler v. MillerSupreme Court of Alabama · 1928

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