West Virginia Land Co. v. May
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William: H. Thomas. E. L. May sued the West Virginia Land Company and others for damages for injuries received by a platform falling. There was judgment for the defendant and on a motion setting up newly discovered evidence, a new trial was granted the plaintiff, and the defendants appeal from the order granting a. new trial.
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Appeal from Montgomery City Court. Heard before Hon. William: H. Thomas. E. L. May sued the West Virginia Land Company and others for damages for injuries received by a platform falling. There was judgment for the defendant and on a motion setting up newly discovered evidence, a new trial was granted the plaintiff, and the defendants appeal from the order granting a. new trial. Counsel insist that the evidence was cumulative merely, that it was not shown that plaintiff was upon the platform by invitation of the appellants-, and that the doctrine of independent contractor applied. — Massey v.…
1Opinion of the CourtMcCLELLAN, J.
This appeal is from an order setting aside a verdict for defendant (appellant) and awarding a new trial to plaintiff (appellee). The plaintiff was injured by the falling of a platform erected in connection with the public unveiling of a monument, which service seems to have found its motive in a desire to promote the sale of lots in a suburb- of the city of Montgomery. The plaintiff was in attendance and upon the platform.
Generally speaking, the negligence to which plaintiff ascribes, for proximate cause, his injury, consisted in the failure to provide a reasonably safe structure for the…
2Cited by2 opinions
- Thomas v. JohnsonSupreme Court of Alabama · 1922
- Foster v. RosamondAlabama Court of Appeals · 1937