West v. Thomas
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. John P Hubbard. The facts appear from tbe opinion. The defendant requested the following charges wbicli were refused: 1. “That the witness, McGrath, did not testify before the jury that it was not usual and customary to have in hotels such stairways as tbe one down which plaintiffs claims to have fallen.”
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Appeal from Montgomery Circuit Court. Tried before Hon. John P Hubbard. The facts appear from tbe opinion. The defendant requested the following charges wbicli were refused: 1. “That the witness, McGrath, did not testify before the jury that it was not usual and customary to have in hotels such stairways as tbe one down which plaintiffs claims to have fallen.” (2.) “If tbe jury believe from the evidence that it is usual and customary, in buildings of two or more stories, to have stairways leading from the lower to the upper stories or floors, which open into the hallways, and if they further…
1Opinion of the CourtHead, J.
— Tlie demurrers to tbe complaint were properly overruled. The averments show, witb sufficient certainty, negligence on tbe part of tbe defendant, as proprietor and keeper of tbe hotel, in tbe construction and maintenance of tbe stair-case opening into the ball of tbe hotel, along which plaintiff and other guests bad a right to pass, and in tbe failure to have tbe ball, on tbe night of plaintiff’s injury, sufficiently lighted to enable him to see, and guard against falling into the dangerous opening; and that by reason of such negligence, plaintiff, who was a guest of tbe .hotel, while…
2Cases cited3 opinions
- Montgomery & Eufaula Railway Co. v. ThompsonSupreme Court of Alabama · 1884
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
- Ala. G. S. Railroad v. ArnoldSupreme Court of Alabama · 1886
3Cited by12 opinions
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Foster & Creighton Co. v. St. Paul Mercury Indemnity Co.Supreme Court of Alabama · 1956
- Seay v. PlunkettSupreme Court of Oklahoma · 1914
- Sloss Iron & Steel Co. v. TilsonSupreme Court of Alabama · 1904
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