Geis v. Tennessee Coal, Iron & Railroad
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried, before the Hon. Citas. A. Senn. Action by appellant against appellee to recover damages for personal injuries, received by appellant on the premises of the appellee, and while in its employ. The facts are sufficiently stated in the opinion of- the Court. Upon the introduction of all the evidence, the court gave the general affirmative charge for defendant. There were verdict and judgment for defendant, and plaintiff appeals.
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Appeal from the City Court of Birmingham. Tried, before the Hon. Citas. A. Senn. Action by appellant against appellee to recover damages for personal injuries, received by appellant on the premises of the appellee, and while in its employ. The facts are sufficiently stated in the opinion of- the Court. Upon the introduction of all the evidence, the court gave the general affirmative charge for defendant. There were verdict and judgment for defendant, and plaintiff appeals. The defendant cannot, with impunity, leave a dangerous place near where its employees are accustomed to travel, and…
1Opinion of the CourtTyson, J.
This action was brought by plaintiff' to recover for personal injuries suffered by him, occasioned I>y falling into what is denominated in the pleadings as a ‘‘hole,” on the premises of the defendant.
*301Tlie important- question presented for decision is, whether the defendant, under the facts disclosed by the testimony, owed plaintiff any duty to light at night its entire premises. If no duty rested upon it to do so, clearly the plaintiff is not entitled to recover and the affirmative charge giyen at' defendant’s request Avas proper.
On the premises of defendant, Avhicli was enclosed, were a bar…
2Cited by28 opinions
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- Quillen v. QuillenSupreme Court of Alabama · 1980
- Lamson & Sessions Bolt Co. v. McCartySupreme Court of Alabama · 1937
- Grider v. GriderSupreme Court of Alabama · 1989
- Bogue v. R & M GROCERYSupreme Court of Alabama · 1989
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