Houston Biscuit Co. v. Dial
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This was an action brought by the appellee, Lee Dial, against the appellant, the Houston Biscuit Company, to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. The complaint as amended contained eight counts. Demurrers were sustained to the first six counts.
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Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This was an action brought by the appellee, Lee Dial, against the appellant, the Houston Biscuit Company, to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. The complaint as amended contained eight counts. Demurrers were sustained to the first six counts. The seventh and eighth counts were in words and figures as follows: “†. The plaintiff claims of the defendant the further sum of fifteen thousand dollars, as damages for that, heretofore, to-wit, the 14th…
1Opinion of the CourtSharpe, J.
In the trial court all counts of this complaint except the seventh and eighth were disposed of on demurrer. The overruling’ of demurrers to the last named counts is among other matters here assigned as error. In each of those counts a cause of action is sought to be predicated upon a violation of duty owed by defendant to plaintiff as its employe in respect, of a condition of machinery used by defendant in its bakery whereby he received an injury for which he sues. Relative to that condition each of those counts avers in substance that the machinery was driven by a steam engine, that the…
2Cases cited6 opinions
- Quincy Coal Co. v. HoodIllinois Supreme Court · 1875
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- McNamara v. LoganSupreme Court of Alabama · 1893
- Cook v. ParhamSupreme Court of Alabama · 1853
- Donahue v. DrownMassachusetts Supreme Judicial Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Riley v. StateSupreme Court of Alabama · 1923
- Taylor v. CommonwealthSupreme Court of Virginia · 1918
- Morrow v. StateSupreme Court of Alabama · 1923
- Johnson v. StateAlabama Court of Appeals · 1915
- Goocher v. StateSupreme Court of Alabama · 1933
3 more not listed; retrieve them via the Exa API.