Robinson Mining Co. v. Swiney
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge. Action by C. W. Swiney against the Robinson Mining Company for personal injuries while in its employment. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge. Action by C. W. Swiney against the Robinson Mining Company for personal injuries while in its employment. Judgment for plaintiff, and defendant appeals. The court erred in refusing the charges requested. 199 Ala. 177, 74 South. 246; 196 Ala. 604, 72 South. 161; 16 Ala. 826; 148 Ala. 632, 42 South. 27; 149 Ala. 291, 42 South. 1001. ■ The court properly refused the charges requested. 149 Ala. 452, 43 South. 378; 156 Ala. 297, 47 South. 149; 164 Ala. 33, 51 South. 169; 149 Ala. 449, 43 South. 378; 144 Ala. 157, 39 South. 898. The…
1Opinion of the CourtThomas, J.
The suit for personal injury resulted in a verdict for plaintiff.
The assignment of error challenges the refusal to give, at defendant’s request, written charges which we denominate “A” and “B”:
“The plaintiff is bound to use his sense and reasoning faculty and attention for his own safety, is not entitled to recover for injury caused by inattention and indifference on his part, and in this case, if the (defect in said stick was so obvious that a man of reasonable care would not have used said stick, then plaintiff would not be entitled to recover in this case.” A.
“If the jury believe the…
2Cases cited21 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Dwight Mfg. Co. v. WordSupreme Court of Alabama · 1917
- McGeever v. O'ByrneSupreme Court of Alabama · 1919
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
16 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Foster & Creighton Co. v. St. Paul Mercury Indemnity Co.Supreme Court of Alabama · 1956
- Foreman v. Dorsey Trailers, Inc.Supreme Court of Alabama · 1951
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
2 more not listed; retrieve them via the Exa API.