Conrad v. Gray
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Sheake. The averments of the two counts of the complaint, as well as other material facts, are sufficiently stated in the opinion.
Read the full summary
Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Sheake. The averments of the two counts of the complaint, as well as other material facts, are sufficiently stated in the opinion. The defendant demurred to the first count, on the following grounds : “(1) Because it fails to allege that the defect complained of arose from the negligence of the defendant, or from the negligence of any of the defendant’s employees entrusted with the duty to keep the ways, works or machinery in proper repair;” “(2) It fails to show that the defect complained of had not been remedied owing to…
1Opinion of the Court
HEAD J.
The action was brought to recover damages for personal injuries sustained by the plaintiff by reason of an explosion of a boiler belonging to the defendant, in whose service the plaintiff was at the time engaged. A judgment was recovered against the defendant, and he appeals.
1. The first count of the complaint was based upon subdivision 1 of section 2590 of the Code. After alleging that the defects in the machinery had existed for a long time, and were known to the defendent, if distinctly avers, in substantially the statutory words, that the defendant had negligently failed to remedy…
2Cases cited6 opinions
- Swift v. Smith, Dixon & Co.Court of Appeals of Maryland · 1886
- Georgia Pacific Railroad v. PropstSupreme Court of Alabama · 1887
- Louisville & Nashville Railroad v. HawkinsSupreme Court of Alabama · 1890
- Seaboard Manuf'g Co. v. WoodsonSupreme Court of Alabama · 1891
- Couch v. Watson Coal Co.Supreme Court of Iowa · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- First National Bank v. ChandlerSupreme Court of Alabama · 1905
- Louisville & Nashville R. R. v. LoweSupreme Court of Alabama · 1908
- Central of Georgia Ry. Co. v. IsbellSupreme Court of Alabama · 1916
- Owen v. Ala. Gt. So. R. R. Co.Supreme Court of Alabama · 1913
9 more not listed; retrieve them via the Exa API.