City Council of Sheffield v. Harris
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon . H. C. Speake. The action in this case was brought by the appellee, Joe Harris, against the City Council of Sheffield, to recover damages for personal injuries sustained by the plaintiff, alleged to have been caused by the negligence of defendant’s officers, agents or servants; and was commenced on April 14, 1890. The averments of the third count of the complaint, upon which the cause was tried, are set forth in…
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Appeal from the Circuit Court of Colbert. Tried before the Hon . H. C. Speake. The action in this case was brought by the appellee, Joe Harris, against the City Council of Sheffield, to recover damages for personal injuries sustained by the plaintiff, alleged to have been caused by the negligence of defendant’s officers, agents or servants; and was commenced on April 14, 1890. The averments of the third count of the complaint, upon which the cause was tried, are set forth in the opinion. The defendant demurred to this count of the complaint upon the following grounds : “1st. It is in and by…
1Opinion of the CourtStone, C. J.
The present case was in fact tried on the third, or amended count. It avers that plaintiff, Harris, an employé, was injured April 16, 1889, while digging gravel for defendant corporation; “that prior to said date the defendant (city of Sheffield), through its agents and employés entrusted with the superintendence of said work, buried a dynamite cartridge at the place where said gravel was being dug, and left it there unexploded, without giving notice or warning to any one that it was so buried, knowing it was dangerous to leave it in that hidden place unexploded, and that it was endangering…
2Cases cited13 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Smoot v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1880
- City of Eufaula v. McNabSupreme Court of Alabama · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Thacker v. Chicago, Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1902
- Hillman v. City of AnnistonSupreme Court of Alabama · 1926
- Nance v. GraySupreme Court of Alabama · 1904
- Hodges v. Standard Wheel Co.Indiana Supreme Court · 1898
- Louisville, New Albany & Chicago Railway Co. v. WagnerIndiana Supreme Court · 1899
11 more not listed; retrieve them via the Exa API.