Auxford Brown Ore Co. v. Hudson
Alabama Court of Appeals
Appeal from Circuit Court, Franklin County ; C. P. Almon, Judge. Action, by D. M. Hudson against the Aux-ford Brown Ore Company for damages for the death of a mule. Judgment for plaintiff, and defendant appeals. The third count is as follows: Defendant owns and is in possession of a slush pond in Franklin county, Ala., filled with slush, mud, washings, from its iron ore washer.
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Appeal from Circuit Court, Franklin County ; C. P. Almon, Judge. Action, by D. M. Hudson against the Aux-ford Brown Ore Company for damages for the death of a mule. Judgment for plaintiff, and defendant appeals. The third count is as follows: Defendant owns and is in possession of a slush pond in Franklin county, Ala., filled with slush, mud, washings, from its iron ore washer. Said pond is situated in territory in which at said time there was no stock law, or stock-law district, and in which stock Was permitted to run at large. Said slush pond, or part or portions thereof, were crusted over…
1Opinion of the CourtBrown, P. J.
[1] The liability of defendant in leaving exposed the slush pond depends upon the degree of probability of danger to stock allowed to run upon the commons, taken in connection with its usefulness in defendant’s business. If the probability is so strong as to make it the duty of the defendant as a member of the community to guard it from the danger to which the slush pond exposes its members, in person or property, it is liable to an action for a loss occurring through a failure to perform this duty. First Thompson on Negligence (2d Ed.) § 957; Hurd v. Lacy, 93 Ala. 429, 9 South. 378, 30 Am.…
2Cases cited9 opinions
- Adler & Co. v. PruittSupreme Court of Alabama · 1910
- Young v. HarveyIndiana Supreme Court · 1861
- Weatherly v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1909
- Creola Lumber Co. v. MillsSupreme Court of Alabama · 1906
- Sisk v. CrumpIndiana Supreme Court · 1887
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3Cited by1 opinion
- Louisville N. R. Co. v. HarrisonAlabama Court of Appeals · 1918