First National Bank v. Chandler
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Tbe appellee was employed by tbe appellant to do some work in tbe elevator shaft between tbe first floor and tbe basement of tbe bank building, and, after notifying tbe elevator- boy that be bad gone to work and not to bring tbe elevator down to tlie first floor any more until so notified, be began bis task, and while working at it tbe elevator was brought clown by the elevator boy and appellee was struck by…
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Tbe appellee was employed by tbe appellant to do some work in tbe elevator shaft between tbe first floor and tbe basement of tbe bank building, and, after notifying tbe elevator- boy that be bad gone to work and not to bring tbe elevator down to tlie first floor any more until so notified, be began bis task, and while working at it tbe elevator was brought clown by the elevator boy and appellee was struck by the elevator, crushed, bruised, and otherwise injured. The complaint contained 13 counts, of which counts 2 and 10 -were…
1Opinion of the CourtAnderson, J.
The counts to which demurrers were overruled and upon which this case was tried in the court below are not based upon any statutory liability under the employers’ liability act, but seek to recover damages under the common law for the negligence of the master in employing or retaining an incompetent servant to run and manipulate its elevator. The master must exercise due and reasonable care in the selection of his servants, with reference to their fitness and competency. “He must also exercise the same degree of care in the matter of the retention of his servants in his service, for his…
2Cases cited21 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1897
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Baltimore Elevator Co. v. NealCourt of Appeals of Maryland · 1886
16 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Thompson v. HavardSupreme Court of Alabama · 1970
- Gardiner v. SolomonSupreme Court of Alabama · 1917
- Housman v. CommonwealthCourt of Appeals of Kentucky · 1908
- Guedon v. RooneyOregon Supreme Court · 1938
- Jones Express, Inc. v. Jackson, 1070066 (Ala. 9-24-2010)Supreme Court of Alabama · 2010
32 more not listed; retrieve them via the Exa API.