S. E. Webb & Co. v. Riley
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Samuel B. Browne, Judge. Action by Helen Riley against S. E. Webb & Co. for damages for injuries sustained. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear. Pleas of contributory negligence set up the fact that plaintiff knew .said.swing was likely to fall, or that she could, by the use of ordinary diligence, have ascertained that it was likely to fall, and yet she negligently occupied said swing.
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Appeal from Circuit Court, Mobile County; Samuel B. Browne, Judge. Action by Helen Riley against S. E. Webb & Co. for damages for injuries sustained. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear. Pleas of contributory negligence set up the fact that plaintiff knew .said.swing was likely to fall, or that she could, by the use of ordinary diligence, have ascertained that it was likely to fall, and yet she negligently occupied said swing. The following charges were refused to defendant: (2) If your mind is evenly balanced as to whether the swing fell as the…
1Opinion of the CourtBricken, J.
This is an action for damages for personal injuries growing out of the falling of a porch swing alleged to have been negligently hung by the appellant. Issue was joined on the general issue and pleas of contributory negligence.
The evidence for the appellee, who was plaintiff in the court below, shows that she purchased of the appellants, defendants in the court below, a porch swing, and that the price paid therefor included the cost of hanging the swing on appellee’s porch in a secure manner, or, as she pointedly puts it, “to stay.” The appellee’s evidence further tends to show that the…
2Cases cited5 opinions
- Hardeman v. WilliamsSupreme Court of Alabama · 1910
- McCormack Harvesting Machine Co. v. LoweSupreme Court of Alabama · 1907
- Miller-Brent Lumber Co. v. StewartSupreme Court of Alabama · 1909
- Baskett Lbr. & Mfg. Co. v. GravleeAlabama Court of Appeals · 1916
- Stephenson v. ParsonsAlabama Court of Appeals · 1912
3Cited by1 opinion
- Ex Parte S. E. Webb & Co.Supreme Court of Alabama · 1918