Citizens' Light, Heat & Power Co. v. Kendrick
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by J. C. Kendrick against tbe Citizens’ Light,, Heat & Power Company for damages for personal injnries. From, a judgment for plaintiff, defendant • appeals. The allegations of the complaint.and the facts in the case’ sufficiently appear from the opinion.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by J. C. Kendrick against tbe Citizens’ Light,, Heat & Power Company for damages for personal injnries. From, a judgment for plaintiff, defendant • appeals. The allegations of the complaint.and the facts in the case’ sufficiently appear from the opinion. The following charges were refused to defendant: (1) “If the de- fendant used ordinary care in the hiring of a wagon for the hauling of the poles, then the defendant could not be held liable by reason of the defect in the coupling pole of the wagon.” (2) General…
1Opinion of the CourtWalker, P. J.
This was an action by the appellee to recover damages for personal injuries alleged to have been received by him in a fall from a wagon upon which he was riding in the performance of his duty as an employee of the appellant. The counts of the complaint upon which the case went to the jury respectively attributed the injuries complained of to the negligence of one Mullican, an employee of the defendant, to whom superintendence over the plaintiff was intrusted, whilst in the exercise of such superintendence; to the defendant’s negligence in furnishing a wagon for use in the work to which…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1890
- Woodward Iron Co. v. CookSupreme Court of Alabama · 1899
- Southern Ry. Co. v. McGowanSupreme Court of Alabama · 1907
- Louisville & Nashville Railroad v. CampbellSupreme Court of Alabama · 1892
- Southern Ry. Co. v. BentleyAlabama Court of Appeals · 1911
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3Cited by2 opinions
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