Vaughn v. Dwight Mfg. Co.
Supreme Court of Alabama
, Appeal from Circuit Court, Etowah County ; O. A. Steele, Judge. Action by J. A. Yaughn against the Dwight Manufacturing Company, a corporation, and another. Judgment for the named defendant, and the plaintiff appeals. On the second trial W. T. Christopher was eliminated as a party defendant.
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, Appeal from Circuit Court, Etowah County ; O. A. Steele, Judge. Action by J. A. Yaughn against the Dwight Manufacturing Company, a corporation, and another. Judgment for the named defendant, and the plaintiff appeals. On the second trial W. T. Christopher was eliminated as a party defendant. The following are the counts of the complaint referred to in the opinion: (3) The plaintiff claims of the defendant the sum of $20,000 damages, for that, on and prior to the 27th day of November, 1917, the defendants were engaged in the erection of a large three-story building at Alabama City, Ala.;…
1Opinion of the CourtThomas, J.
This suit was for personal injury. The first appeal is reported in 203 Ala. 462, 83 South. 327.
The last trial was had on counts 3 and 5 of the original complaint, and counts 7 and 11 added on the second trial. The general affirmative charge was given at the request of defendant.
[1] Appellee insists that one Christopher, as an independent contractor, and not Dwight Manufacturing Company, was engaged in erecting the said building when and where plaintiff was injured. The evidence was discussed on former appeal and held sufficient to make a jury question whether the negligence that injured…
2Cases cited32 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- McMillan v. AikenSupreme Court of Alabama · 1920
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Baltimore & Ohio Railroad v. GriffithSupreme Court of the United States · 1895
27 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Rose v. MagroSupreme Court of Alabama · 1929
- Clendenon v. YarbroughSupreme Court of Alabama · 1936
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