Marbury Lumber Co. v. Jones
Supreme Court of Alabama
Appeal from Circuit Court, Autauga County ; B. K. McMorris, Judge. Action by Josephine Jones, as administratrix of the estate of A. D. Jones, deceased, against the Marbury Lumber Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Autauga County ; B. K. McMorris, Judge. Action by Josephine Jones, as administratrix of the estate of A. D. Jones, deceased, against the Marbury Lumber Company. Judgment for plaintiff, and defendant appeals. The defendant was entitled to the affirmative charge, because of the undisputed contributory negligence of the deceased, and because he took an unsafe way to do the work, when he had been told and warned by his superior to do it otherwise. 114 Mich. 83, 72 N. W. 13; 156 Ala. 253, 47 South. 248; 177 Ala. 497, 59 South. 264; Labatt on M. & S. vol. 3, p. 1279;…
1Opinion of the CourtGardner, J.
Prior to 1912, the Marbury Lumber Company operated a large sawmill at Marbury, Ala., and in connection therewith used a water tank which supplied water for the mill. This tank was about 55 feet high, and was constructed with four large upright posts, one at each comer, and another at each corner called the “batter posts” or “brace posts,” which came up from the corner at an angle with the upright posts. These “batter posts” were nailed to pieces of timber which were fastened to plumb posts, and sills or joists extended across the top, on which rested a tub or tank about 18 feet high and 18…
2Cases cited14 opinions
- Thompson v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
- Garrett v. L. & N. R. R.Supreme Court of Alabama · 1916
- Western Railway v. SistrunkSupreme Court of Alabama · 1888
- Warden v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- Bush v. RussellSupreme Court of Alabama · 1913
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3Cited by3 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- City of Montgomery v. MoonSupreme Court of Alabama · 1922