Kyzer v. Kaul Lumber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Tuscaloosa County; John D. McQueen, Special Judge. Action by R. C. Kyzer against the Kaul Lumber Company. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtSayre, J.
The action in this case is brought under the Employers’ Liability Act. Plaintiff, appellant, alleged, and the evidence went to prove, that plaintiff had been injured by reason of a defect in a shingle cutting machine which he was at the time operating for defendant. It is not denied that the machine was defective, and that its defect was at least one of the canses contributing to plaintiff’s injury. The record and the briefs make it clear that the trial court instructed the jury to find for defendant on the ground that plaintiff’s contributory negligence, specially pleaded, had been…
2Cases cited4 opinions
- Sloss-Sheffield Steel & Iron Co. v. ReidSupreme Court of Alabama · 1915
- Tennessee Coal, I. & R. R. v. WigginsSupreme Court of Alabama · 1916
- Louisville & Nashville Railroad v. Scruggs & EcholsSupreme Court of Alabama · 1909
- Sloss-Sheffield Steel & Iron Co. v. StappSupreme Court of Alabama · 1915
3Cited by4 opinions
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Robinson Mining Co. v. SwineySupreme Court of Alabama · 1921
- Smith v. KennedySupreme Court of Alabama · 1926
- Sloss-Sheffield Steed & Iron Co. v. HopsonAlabama Court of Appeals · 1918