City Council of Sheffield v. Harris
Supreme Court of Alabama
Appeal from-the Circuit Court of Colbert. Tried before the Hon. H. C. Speake. This action was brought by the appellee, Joe Harris, against the City Council of Sheffield, to recover damages for personal injuries, which were inflicted through the alleged carelessness or negligence of the defendant, its servants or agents, upon the plaintiff, while working for the defendant.
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Appeal from-the Circuit Court of Colbert. Tried before the Hon. H. C. Speake. This action was brought by the appellee, Joe Harris, against the City Council of Sheffield, to recover damages for personal injuries, which were inflicted through the alleged carelessness or negligence of the defendant, its servants or agents, upon the plaintiff, while working for the defendant. The injuries complained of were received on the 16th day of April, 1889, and the suit was originally instituted on April 14th, 1890. As originally filed the complaint contained two counts, the substance of the allegations of…
1Opinion of the CourtBrickell, C. J.
1. On the former appeal in this case (101 Ala. 564) we held that if there was error in overruling the demurrers to the first and second counts of the complaint — as to which we expressed no opinion— it was error without injury. The same observation applies on the present appeal. The court charged, as shown by the bill of exceptions, that the plaintiff was not entitled to recover under either of those counts.
2. The trial was had on the third count, which, on the former appeal, we held sufficient on demurrer. The sole question open to review, is presented by the bill of exceptions in connection…
2Cases cited6 opinions
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- Elyton Land Co. v. MingeaSupreme Court of Alabama · 1889
- Ala. G. S. Railroad v. ArnoldSupreme Court of Alabama · 1886
- City Council of Sheffield v. HarrisSupreme Court of Alabama · 1893
- Bradford v. EdwardsSupreme Court of Alabama · 1858
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3Cited by3 opinions
- Chobanian v. Washburn Wire CompanySupreme Court of Rhode Island · 1911
- Robinson v. BaltimoreWashington Supreme Court · 1901
- Atlanta & Birmingham Air Line Railway v. WheelerSupreme Court of Alabama · 1908