Birmingham Water-Works Co. v. Hubbard
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried before tbe Hon. H. A. Sharpe. Action for damages for personal injuries, by Armstead Hubbard, against the appellant corporation. The material facts are stated in tbe opinion of tbe court.
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Appeal from tbe City Court of Birmingham. Tried before tbe Hon. H. A. Sharpe. Action for damages for personal injuries, by Armstead Hubbard, against the appellant corporation. The material facts are stated in tbe opinion of tbe court. The court charged the jury, at the instance of the plaintiff, as follows : “If Bennefield was in the employment of the defendant, and was by it intrusted with the use and care of the powder and dynamite; in determining whether his act, in placing and leaving the powder in the shop, was within the scope of his employment, the jury will consider whether it was…
1Opinion of the CourtSomebyille, J.
The plaintiff was seriously injured by the accidental explosion of a quantity of powder dynamite and powder cartridges, which had been stored without permission in a black-smith shop, where the plaintiff was accustomed to work for the owner of the shop, one Haynes. The explosive material had been placed there the day previous, for preservation from damage by rain, by the act of one Bennefield, who was employed by the defendant company as foreman, or superintendent, of a number of men who were engaged in the company’s service to blast stone from a neighboring quarry. The plaintiff had…
2Cases cited3 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Eureka Co. v. BassSupreme Court of Alabama · 1886
3Cited by11 opinions
- Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
- Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
- Chicago, R. I. & P. Ry. Co. v. RadfordSupreme Court of Oklahoma · 1913
- Stone v. Sinclair Refining Co.Michigan Supreme Court · 1923
- Birmingham Ledger Co. v. BuchananAlabama Court of Appeals · 1914
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