Amer. Cast I. P. Co. v. Landrum
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Action by John Landrum against the American Cast Iron Pipe Company for damages for injuries received while in its employment. Judgment for plaintiff and defendant appeals. Counsel discuss errors assigned relative to the pleadings and to the admission and rejection of evidence, and insist that prejudicial error had been committed.
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Appeal from Jefferson Circuit Court. Action by John Landrum against the American Cast Iron Pipe Company for damages for injuries received while in its employment. Judgment for plaintiff and defendant appeals. Counsel discuss errors assigned relative to the pleadings and to the admission and rejection of evidence, and insist that prejudicial error had been committed. They further insist that there was no conflict in the evidence, and nothing from which the jury could determine as to just how the accident happened, and that therefore plaintiff failed to carry the burden of affirmatively showing…
1Opinion of the CourtSayre, J.
— Defendant (appellant) was engaged in making iron pipe. Plaintiff was its employee. Count 2 averred that plaintiff’s injury was caused by a defect in defendant’s apparatus for hooking up cores. Count 3, which was added during the progress of the trial, averred that the plaintiff’s injury was caused by the negligence of defendant’s superintendent in that he “negligently allowed the pins which held the cores in the shacks to be made weak and brittle.” The fact was *134that after the core was drawn, np out of the pit, in which it stood while receiving the molten iron, in some way it became detached…
2Cases cited1 opinion
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
3Cited by19 opinions
- Gustine v. StateSupreme Court of Florida · 1923
- St. Louis S. F. R. Co. v. DormanSupreme Court of Alabama · 1921
- Alabama Power Co. v. BerrySupreme Court of Alabama · 1950
- Continental Casualty Co. v. PaulSupreme Court of Alabama · 1923
- Alabama Power Co. v. BerrySupreme Court of Alabama · 1930
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