Continental Gin Co. v. Milbrat
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Julius Milbrat against the Continental Gin Company. From a judgment for plaintiff, defendant appeals. The pleadings and evidence sufficiently appear from the opinion of the court. The following charges tvere refused to defendant: (3) Affirmative charge as to the fifth count.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Julius Milbrat against the Continental Gin Company. From a judgment for plaintiff, defendant appeals. The pleadings and evidence sufficiently appear from the opinion of the court. The following charges tvere refused to defendant: (3) Affirmative charge as to the fifth count. (7) If you believe from the evidence that plaintiff got his hand hurt as a proximate consequence of his failure to use the guard on the joiner, and that such failure to use the guard was negligence on his part, then your verdict must be for…
1Opinion of the CourtWalker, P. J.
This was an action to recover damages for personal injuries alleged to have been sustained by the plaintiff (the appellee here) while acting as an employee of the defendant and engaged in work at a machine called a joiner. In different counts the injuries were attributed to, respectively, the slippery condition of the floor at the place where, the'plaintiff had to stand in using the joiner; to the fact that the joiner had no guard between the knife or saws on it and the point where the plaintiff was working — each of these alleged causes of the injuries being alleged to be a defect in the…
2Cases cited5 opinions
- St. Louis & San Francisco R. R. v. BrantleySupreme Court of Alabama · 1910
- Sloss-Sheffield Steel & Iron Co. v. MolbleySupreme Court of Alabama · 1903
- Huyck v. McNerneySupreme Court of Alabama · 1909
- Warble v. Sulzberger Co. of AmericaSupreme Court of Alabama · 1914
- Sloss-Sheffield Steel & Iron Co. v. ReddAlabama Court of Appeals · 1912
3Cited by14 opinions
- Brown v. StateAlabama Court of Appeals · 1946
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
- Maxwell v. StateAlabama Court of Appeals · 1946
- Alabama Terminal R. R. v. BennsSupreme Court of Alabama · 1914
- Southern Railway Co. v. Kendall & Co.Alabama Court of Appeals · 1915
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