Central Foundry Co. v. Laird
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by W. F. Laird against tbe Central Foundry Company, for damages for an assault and battery. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by W. F. Laird against tbe Central Foundry Company, for damages for an assault and battery. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals. Count 2 alleges that plaintiff was employed in working for defendant as an apprentice under the duties of his said employment, and that one John C. Acton was also an employer of defendant, and had superintendence of plaintiff and of the work in and about which he was engaged at the said time and place, and then and there, while in the exercise of…
1Opinion of the CourtMcCLELLAN, J.
This is an action for daiñages for an assault and battery alleged to have been committed by an employee of the defendant (appellant) while acting within the line and scope of his employment. The evidence was taken under the issues made by counts 2, 3, and 4. All of these counts were manifestly sufficient, not subject to demurrer. The judgment for plaintiff was for $10 damages. Counts 2 and *5873 aver that at the time of the wrong complained of the plaintiff, Laird, was then engaged in the performance of his, Laird’s, duties to the common master. The testimony of the plaintiff himself, and that of…
2Cases cited8 opinions
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Jebeles-Colias Conf. Co. v. BoozeSupreme Court of Alabama · 1913
- Bessemer Liquor Co. v. TillmanSupreme Court of Alabama · 1903
- Dorsey v. StateSupreme Court of Alabama · 1901
- Johnson v. Hanover National BankSupreme Court of Alabama · 1889
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3Cited by4 opinions
- Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924
- Crocker v. LeeSupreme Court of Alabama · 1954
- Ashurst v. Arnold-Henegar-Doyle Co.Supreme Court of Alabama · 1918
- Roberson v. StateSupreme Court of Alabama · 1932