Huyck v. McNerney
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. . Heard before Hon. Saffold Bekney. Action by John McNerney against Charles L. Huyck for injuries received while engaged in doing the work for which he was employed. Judgment for defendant, and plaintiff appeals.
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Appeal from Mobile Law and Equity Court. . Heard before Hon. Saffold Bekney. Action by John McNerney against Charles L. Huyck for injuries received while engaged in doing the work for which he was employed. Judgment for defendant, and plaintiff appeals. The complaint was as follows: Count 1: “Plaintiff claims of the defendant the sum of $10,000 damages, for that on, to wit, the 25th day of August, 1907, the defendant was engaged in the business of doing the cement work in connection with erecting a certain seven-story brick building on Commerce street in the city of Mobile, Alabama; and used…
1Opinion of the CourtMcCLELLAN, J.
The first count is not drawn to declare a liability under the liability act. It is for a breach of the common-law duty in respect to furnishing instrumentalities employed in the business of the master. — 1 Laba.tt, §§ 22a, 23, and notes; Ryan v. Miller, 12 Daly (N. Y.) 77. It is sufficient in its general averments — practically conclusions — of negligence. — Laughran v. Brewer, 113 Ala. 509, 21 South. 415, among many others. While sufficient in this particular, it is deficient in other particulars. The measure of the master’s duty in this regard is not to furnish good and safe…
2Cases cited9 opinions
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
- Merriweather v. Sayre Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Jackson Lumber Co. v. CunninghamSupreme Court of Alabama · 1904
- Sloss-Sheffield Steel & Iron Co. v. MolbleySupreme Court of Alabama · 1903
- Laughran v. BrewerSupreme Court of Alabama · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- J. Ray Arnold Lumber Corp. v. RichardsonSupreme Court of Florida · 1932
- Standard Cooperage Co. v. DearmanSupreme Court of Alabama · 1920
- Smith v. WatkinsSupreme Court of Alabama · 1911
- Continental Gin Co. v. MilbratAlabama Court of Appeals · 1914
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