Harbison-Walker Refractories Co. v. Scott
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Ti-iomas W. Coleman, Jr. Action by' Dixie Davis Scott against the HarbisonWalker Refractories Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Anniston City Court. Heard before Hon. Ti-iomas W. Coleman, Jr. Action by' Dixie Davis Scott against the HarbisonWalker Refractories Company. From a judgment for plaintiff, defendant appeals. The ninth count is as follows: “Plaintiff claims of defendant the other and further sum of $500 as damages for that plaintiff is the owner of a certain lot in the city of Piedmont, Ala., known as lot 52, in block 52, and of a two-story frame residence thereon situated. [Here follows a fuller description.] And defendant, on, to wit, March 1, 1911, and on divers days thereafter, was engaged by…
1Opinion of the CourtMcCLKLLAN, J.
The action was for damages to property in consequence of the setting off: of explosives in and about quarrying stone. The appellee was the plaintiff, and the appellant the sole defendant.
On the first question presented, Justice Somerville expresses the views of the majority:
“The ninth count of the complaint charges that defendant was engaged in blasting on its own premises, and that, though notified by plaintiff that it was injuring her residence thereby, -defendant nevertheless 'wantonly and recklessly used explosives in such quantities and to such an extent as that the blast or explosion…
2Cases cited6 opinions
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- McNamara v. LoganSupreme Court of Alabama · 1893
- Bailey v. StateSupreme Court of Alabama · 1894
- Culver v. Alabama Midland Railway Co.Supreme Court of Alabama · 1895
- Harris v. Randolph Lumber Co.Supreme Court of Alabama · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Stanley Co. of America v. Hercules Powder Co.Supreme Court of New Jersey · 1954
- Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- England v. Burns Stone Co., Inc.Court of Appeals of Tennessee · 1993
- Ledbetter-Johnson Company v. HawkinsSupreme Court of Alabama · 1958
26 more not listed; retrieve them via the Exa API.